Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Evidence - ruling on claim for legal professional privilege - cross examination of witness - objection to question re discussion between witness and solicitor - whether information was privileged - whether privilege had been waived - whether unfair to allow party to call evidence from witness while claiming privilege for the discussion. Evidence Act 1995 - s 119 Trade Practices Commission v Sterling (1978) 36 FLR 244 - cons. Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 - cons.
RONALD IAN McCARTHY, MAXWELL McCARTHY AND EDLAN NO. 54 PTY LIMITED V NEVILLE McINTYRE, AURO ROMANO McINTYRE, NEVITORO INVESTMENTS PTY LIMITED, ITALA BELINDA McINTYRE AND CHERYL GAI McINTYRE
NG 672 OF 1996
JUDGE: BEAUMONT J.
PLACE: SYDNEY
DATE: 2 APRIL 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 672 of 1996
BETWEEN: RONALD IAN McCARTHY
First Applicant
MAXWELL McCARTHY
Second Applicant
EDLAN NO. 54 PTY LIMITED
Third Applicant
AND: NEVILLE McINTYRE
First Respondent
AURO ROMANO McINTYRE
Second Respondent
NEVITORO INVESTMENTS PTY LIMITED
Third Respondent
ITALA BELINDA McINTYRE
Fourth Respondent
CHERYL GAI McINTYRE
Fifth Respondent
JUDGE: BEAUMONT J.
DATE OF RULING: 2 APRIL 1998
WHERE MADE: SYDNEY
RULING: 1. Claim for legal professional privilege upheld.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 672 of 1996
BETWEEN: RONALD IAN McCARTHY
First Applicant
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