Federal Court of Australia
Boral Limited v Parkin [2024] FCAFC 169 Appeal from: Parkin v Boral Limited (Loss of Privilege Issue) [2024] FCA 1039 Parkin v Boral Limited (Loss of Privilege Issue) (No 2) [2024] FCA 1082
File numbers: NSD 1274 of 2024 NSD 1275 of 2024
Judgment of: PERRAM, COLVIN AND ABRAHAM JJ
Date of judgment: 17 December 2024
Catchwords: EVIDENCE – appeal from evidentiary rulings – operation of ss 118, 122 and 126 of the Evidence Act 1995 (Cth) ('the Act') – where email from witness ('Exhibit A1') contained eight words alluding to privileged communications from auditors – where primary judge allowed adduction of evidence concerning those privileged communications in future cross-examination of witness – where primary judge held that such evidence 'reasonably necessary' to understand the eight words in Exhibit A1 under s 126 of the Act – where Exhibit A1 adduced before primary judge without privilege objection – whether ss 118, 122 and 126 applicable
Legislation: Evidence Act 1995 (Cth) ss 55, 118, 122, 126, 135
Cases cited: Re Southland Coal Pty Ltd (Receivers and Managers Appointed) (In Liquidation) [2006] NSWSC 899; 203 FLR 1 KTC v David [2022] FCAFC 60
Division: General Division
Registry: New South Wales
National Practice Area:
Sub-area:
Number of paragraphs: 50
Date of last submissions: 29 November 2024
Date of hearing: 22 November 2024
Counsel for the Applicant: Mr C Withers SC with Mr T Kane, Mr B Cameron, Ms M Caristo and Ms N Bailey
Solicitor for the Applicant: Herbert Smith Freehills
Counsel for the Respondents: Mr WAD Edwards KC with Mr RJ May and Mr TM Rogan
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