Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590

FEDERAL COURT OF AUSTRALIA

Matland Holdings Pty Ltd v NTZ Pty Ltd [2002] FCA 1590 PRACTICE & PROCEDURE –sale of land upon which petrol station operated – principal proceedings concerning claims under Trade Practices Act 1974 – respondents' application to cross-claim against former legal advisers for breach of retainer and negligence – legal advisers not otherwise parties – whether proposed cross-claim part of the same "matter" – whether proposed cross-claim within the Court's accrued or associated jurisdiction – whether respondents should be granted leave to cross-claim – where proposed cross-claim insufficient to support a cause of action for breach of retainer and in negligence PRACTICE & PROCEDURE – application for leave to amend further amended defence and amended cross-claim – where applicants did not oppose application subject to an award of costs in their favour in respect of costs thrown away by reason of the amendments PRACTICE & PROCEDURE – admissions contained in pleadings – purported withdrawal of those admissions by amendment to pleadings – principles relevant to Court's discretion to grant leave to allow party to withdraw admissions PRACTICE & PROCEDURE – lawyer-client privilege – waiver – whether waiver established – where applicants sought access to legal advice provided to the respondents – where file note discovered by the respondents records the conclusion reached in advice – where affidavit filed by respondents referred to receipt of legal advice – whether unfair that privilege be maintained – relevance of advice where coercion is claimed COSTS – application for indemnity costs – principles applicable to an award of costs on an indemnity basis – whether applicants entitled to award on indemnity costs basis Federal Court of Australia Act 1976 (Cth), ss 32, 43 Trade Practices Act 1974 (Cth), ss 45(2)(a)(ii), 45(2)(b)(ii), 45B(2), 45C(2), 47, 51AA, 52, 53A, 53A(2) Fair Trading Act 1999 (Vic), s 9 Federal Court Rules 1979, O 5 r 1(2), O 5 r 1(3), O 5 r 8(1), O 15 r 11(1), O 22 r 4