Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Perpetual Trustees (WA) Ltd v Equuscorp Pty Ltd [1999] FCA 925 EVIDENCE – legal professional privilege – claim in respect of misleading or deceptive conduct – alternative claim for rectification of document - production of documents by applicant's former solicitors on subpoena – applicant claimed privilege in respect of advice sought and obtained from former solicitors - whether privilege lost by pleading of reliance and the usual elements of a claim for rectification. Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 156 ALR 634 followed Goldberg v Ng (1995) 185 CLR 83 cited Adelaide Steamship Co Ltd v Spalvins (1998) 152 ALR 418 referred to Esso Australia Resources Ltd v Federal Commissioner of Taxation (1998) 159 ALR 664 referred to Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Hongkong Bank of Australia Ltd v Murphy [1993] 2 VR 419 referred to
PERPETUAL TRUSTEES (WA) LTD v EQUUSCORP PTY LTD VG 610 of 1996 RYAN, CARR and MARSHALL JJ 7 SEPTEMBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 610 of 1996
On appeal from a Judge of the Federal Court of Australia
BETWEEN: PERPETUAL TRUSTEES (WA) LTD
Applicant/Appellant
AND: EQUUSCORP PTY LTD
Respondent
JUDGES: RYAN, CARR and MARSHALL JJ
DATE OF ORDER: 7 SEPTEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The applicant have leave to appeal from the orders made on 21 May 1999. 2. The appeal be allowed and those orders be set aside. 3. The documents referred to in paragraphs 7, 8 and 9 of the affidavit of Mark Leaker sworn 27 April 1999, produced pursuant to the subpoena dated 20 January 1999, be made available for inspection and copying by the appellant. 4. The respondent pay the appellant's costs of the appeal and of the hearings on 6 May 1999 and 21 May 1999, including submissions in relation to the waiver of privilege. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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