Raunio v Hills [2001] FCA 1831

FEDERAL COURT OF AUSTRALIA

Raunio v Hills [2001] FCA 1831

PRACTICE AND PROCEDURE – discovery – legal professional privilege – whether confidentiality existed in relation to file notes made by solicitor for injured plaintiff of conversations with insured owner of motor cycle involved in accident – claim for privilege by injured plaintiff in relation to such file notes upon basis of same having been prepared for contemplated litigation – claim rejected upon basis of absence of confidentiality.

Motor Vehicles (Third Party Insurance) Act 1942 (NSW), s 14

Attorney-General (NT) v Maurice (1986) 161 CLR 475 applied Goldberg v Ng (1996) 185 CLR 83 referred to Health & Life Care Ltd v Price Waterhouse (1997) 69 SASR 362 referred to Jamison v The Government Insurance Office of New South Wales (1988) Aust Torts Reports 80-214 applied Jarrett v Seymour (1993) 119 ALR 46 referred to Sevic v Roarty (1998) 44 NSWLR 287 referred to Heydon, Cross on Evidence (6th ed, 2000) pars 25240, 25255 SAM RAUNIO & NRMA INSURANCE LTD v JAMES HILLS A 46 of 2001 WILCOX, MILES AND CONTI JJ 21 DECEMBER 2001 CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY A 46 OF 2001

DISTRICT REGISTRY

ON APPEAL FROM THE SUPREME COURT OF THE

AUSTRALIAN CAPITAL TERRITORY

BETWEEN: SAM RAUNIO

FIRST APPLICANT

NRMA INSURANCE LTD

SECOND APPLICANT

AND: JAMES HILLS

RESPONDENT

JUDGES: WILCOX, MILES AND CONTI JJ

DATE OF ORDER: 21 DECEMBER 2001

WHERE MADE: CANBERRA

THE COURT ORDERS THAT: 1. Leave to appeal be granted. 2. The appeal be upheld and the orders made by Gray J on 28 June 2001 be set aside. 3. In lieu of the said orders, it be ordered that the appeal against the interlocutory judgment of the Master of the Supreme Court of the Australian Capital Territory given on 5 February 2001 be dismissed. 4. There be no order as to costs incurred in respect of the appeal to Gray J or to appeal to this Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.