Federal Court of Australia
Federal Court of Australia
TerraCom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151 Appeal from: TerraCom Ltd v Australian Securities and Investments Commission [2022] FCA 208
File number(s): NSD 248 of 2022
Judgment of: O'CALLAGHAN, JACKSON AND HALLEY JJ
Date of judgment: 7 September 2022
Catchwords: PRACTICE AND PROCEDURE – legal professional privilege – whether primary judge erred in holding that legal professional privilege waived over whole of forensic report commissioned by lawyers
Cases cited: Ghosh v NineMSN Pty Ltd (2015) 90 NSWLR 595 House v The King (1936) 55 CLR 499 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 TerraCom Ltd v Australian Securities and Investments Commission [2022] FCA 745 UBS AG v Tyne (2018) 265 CLR 77
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 38
Date of last submission/s: 9 August 2022
Date of hearing: Determined on the papers
Counsel for the Appellant: Mr MR Elliott SC
Solicitor for the Appellant: Horton Rhodes Lawyers
Counsel for the Respondent: Dr SB McNicol AM QC with Mr R Chaile
Solicitor for the Respondent: HWL Ebsworth Lawyers
ORDERS NSD 248 of 2022
BETWEEN: TERRACOM LTD Appellant
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Respondent
order made by: O'CALLAGHAN, JACKSON AND HALLEY JJ DATE OF ORDER: 7 SEPTEMBER 2022
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