Austotel Management Pty Limited v Jamieson [1995] FCA 376

CATCHWORDS

PRACTICE & PROCEDURE - discovery - "without prejudice" privilege - whether protecting agreement between two parties to litigation from discovery to a third party to the litigation - scope and purpose of the privilege - exceptions to its protection - appropriate order for discovery. DAMAGES - duty to mitigate - whether in an action for professional negligence by failure to secure a right for the plaintiff, it extends to require the plaintiff, in some cases, to take action against a third party to remedy his position, where that action is not unduly risky protracted or expensive. Steamship Enterprises of Panama Inc., Liverpool (Owners) v. Ousel (Owners) - The Liverpool (No. 2) [1963] P 64 Pilkington v. Wood [1953] Ch. 770 Dickinson v. James Alexander & Co (1990) 6 P.N. 205 Field v. Commissioner for Railways for New South Wales (1957) 99 CLR 285 Rush & Tompkins Ltd. v. Greater London Council [1989] 1 AC 1,280 Rabin v. Mendoza & Co. [1954] 1 WLR 271 Pitts v. Adney (1961) 78 WN (NSW) 886 Tomlin v. Standard Telephones and Cables Ltd. [1969] 1 WLR 1,378 Quad Consulting Pty Ltd v. David R. Bleakley & Associates Pty Ltd (1990) 27 FCR 86 Tenstat Pty Ltd v. Permanent Trustee Aust Ltd (1992) 28 NSWLR 625 AUSTOTEL MANAGEMENT PTY LIMITED & ANOR v. HUGH H. JAMIESON & ORS NG 420 of 1992 Burchett J. Sydney 7 June 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 420 of 1992 ) GENERAL DIVISION )

BETWEEN: AUSTOTEL MANAGEMENT PTY LIMITED First Applicant AUSTOTEL PTY LIMITED Second Applicant

AND: HUGH H. JAMIESON and OTHERS Respondents CORAM: Burchett J. PLACE: Sydney DATE : 7 June 1995 ORDER OF THE COURT THE COURT ORDERS THAT the applicants in the motion bring in, on a date to be fixed, short minutes of orders proper to be made in the light of the reasons of the Court. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.