Wright v David John Neale Lemon as executor of the estate of Michael John Maynard Wright

The applicant, Wright, sought leave to inspect certain documents that had been subpoenaed and which were held by the respondent, Lemon, executor of the estate of Wright's deceased father. Wright sought to inspect the documents to advance a claim in equity to set aside a will. Lemon opposed the application on the basis that the documents were subject to professional privilege. Wright submitted that he held joint privilege over the documents by virtue of his position as a former director of a company and co-executor of his father's estate. The court was required to determine whether Wright held joint professional privilege over the documents in question.

The court found that Wright's claim to joint privilege was based on his former position as a director of a company, which was not a client for the purposes of establishing professional privilege. The court also found that, although Wright was a co-executor of his father's estate, the privilege attaching to the documents in question related to legal advice given to the deceased, not to the estate. The court held that Wright's interest in inspecting the documents was insufficient to override the privilege that attached to them. The application was dismissed.

The court dismissed Wright's application for leave to inspect the subpoenaed documents. Wright's claim to joint privilege was rejected on the basis that he was not a client for the purposes of establishing professional privilege. The court also found that the privilege attaching to the documents related to legal advice given to the deceased, not to the estate. The application was dismissed with costs.