Federal Court of Australia
FEDERAL COURT OF AUSTRALIA DISCOVERY –application for special discovery –claim of privilege for witness statements prepared for purpose of previous court proceedings where some read and some not – whether amount claimed for legal costs of previous proceedings can be tested by reference to non-privileged witness statements – whether internal credit assessment guidelines of bank not used in section of bank which approved the loan the subject of proceedings should be discovered if negligence alleged against bank. Evidence Act 1995 (Cth) Akins v Abigroup Ltd (1998) 43 NSWLR 539 Lake Cumbeline Pty Ltd v Effem Foods Pty Ltd (1994) 126 ALR 58 Banco de Portugal v Waterlow & Sons [1932] AC 453
MACQUARIE BANK LIMITED v McCANN & ASSOCIATES PTY LIMITED NG 1104 of 1997 MOORE J 2 DECEMBER 1998 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1104 of 1997
BETWEEN: MACQUARIE BANK LIMITED
Applicant
AND: McCANN & ASSOCIATES PTY LIMITED
Respondent
JUDGE: MOORE J
DATE OF ORDER: 2 DECEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The notice of motion is stood over to a date to be fixed. 2. Costs reserved. 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 1104 of 1997
BETWEEN: MACQUARIE BANK LIMITED
Applicant
AND: McCANN & ASSOCIATES PTY LIMITED
Respondent
JUDGE: MOORE J
DATE: 2 DECEMBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction An issue has arisen in proceedings brought by Macquarie Bank Limited ("MBL") against McCann & Associates Pty Limited ("McCann") concerning discovery. General discovery was ordered and lists of documents have been prepared and served. However McCann contends in this interlocutory application that MBL has failed to give discovery of documents that should have been discovered and, to the extent that any claim of privilege might be made in relation to them, the claim is not well founded or privilege has been waived. In order to understand the issues raised in these interlocutory proceedings it is desirable to set out both the background facts and, in summary, the issues in the principal proceedings between MBL and McCann.
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