Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
JOHN TANNER HOLDINGS & ORS v MORTGAGE MANAGEMENT & ANOR [2001] FCA 194
PRACTICE AND PROCEDURE – legal professional privilege of borrower – causes of action by borrower against lender for unconscionable conduct and economic duress and misleading and deceptive conduct – whether imputed or implied waiver by borrower by reason of inherent nature of such causes of action pleaded and s 122(1) of Evidence Act 1995 (Cth) – distinction between relevance of state of mind in proceedings per se and requirement to establish state of mind as an ingredient of cause of action. Evidence Act 1995 (Cth) s 122
Adelaide Steamship Co Ltd v Spalvins (1998) 152 ALR 418 not followed Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 cited Australian Rugby Union Ltd v Hospitality Group Pty Ltd (1999) 165 ALR 253 applied Benecke v National Australia Bank (1993) 35 NSWLR 110 cited BT Australasia Pty Limited v State of New South Wales (1998) 153 ALR 722 referred to Equuscorp Pty Ltd v Kamisha Corp Ltd [1999] ATPR 41-697 applied Esso Australia Resources Ltd v Federal Commissioner of Taxation (1998) 159 ALR 664 applied Goldberg v Ng (1995) 185 CLR 83 referred to Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 85 FCR 152 not followed Thomason v Campbelltown Municipal Council (1939) 39 SR (NSW) 347 referred to United States Surgical Corp v Hospital Products (unreported, NSW Supreme Court, McLelland J, 13 October 1981) referred to JOHN TANNER HOLDINGS PTY LIMITED & ORS v MORTGAGE MANAGEMENT LIMITED & ANOR NG 505 OF 1996 CONTI J SYDNEY 6 MARCH 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG505 OF 1996
BETWEEN: JOHN TANNER HOLDINGS PTY LIMITED ACN 001 316 696
FIRST APPLICANT
JOHN ARTHUR TANNER
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