Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Equuscorp Pty Ltd v Kamisha Corp Ltd
[1999] FCA 681 EVIDENCE – legal professional privilege – claim in respect of misleading and deceptive conduct – production of documents on subpoena – whether privilege lost by pleading of reliance. Evidence Act 1995 (Cth) - s 122(1) Telstra Corporation Limited v BT Australasia Pty Ltd (1998) 156 ALR 634 not followed Attorney-General (NT) v Maurice (1986) 161 CLR 475 applied
Goldberg v Ng (1995) 185 CLR 83 applied Adelaide Steamship Co Ltd v Spalvins (1998) 152 ALR 418 discussed Esso Australia Resources Ltd v Federal Commissioner of Taxation (1998) 159 CLR 664 applied
EQUUSCORP PTY LTD (ACN 006 012 344) (FORMERLY EQUUS FINANCIAL SERVICES LIMITED) & ORS v KAMISHA CORPORATION LTD (ACN 009 267 850)
VG 610 of 1996
HEEREY J 21 MAY 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY VG 610 of 1996
BETWEEN: EQUUSCORP PTY LTD
(FORMERLY EQUUS FINANCIAL SERVICES LIMITED)
(ACN 006 012 344)
Applicant
AND: KAMISHA CORPORATION LTD
AND BETWEEN: (ACN 009 267 850)
AND: First Respondent
JOHN BARDIN DAVIS
Second Respondent
PERPETUAL TRUSTEES WA LIMITED
(ACN 008 666 886)
Third Respondent
PERPETUAL TRUSTEES WA LIMITED
(ACN 008 666 886)
Cross-Claimant
EQUUSCORP PTY LIMITED
(FORMERLY EQUUS FINANCIAL SERVICES LIMITED)
(ACN 006 012 344)
JUDGE: HEEREY J
DATE OF ORDER: 21 MAY 1999
WHERE MADE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT: 1. Counsel are to make submissions as to the form of orders and costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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