Lombe v Pollak [2004] FCA 264

FEDERAL COURT OF AUSTRALIA

Lombe v Pollak [2004] FCA 264

EVIDENCE – common law waiver of privilege - whether the holder of the privilege has acted inconsistently with the maintenance of confidentiality of the communication in an examination under the Bankruptcy Act and in a pleading. Bankruptcy Act 1966 (Cth) ss 77A, 81 & 121

Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 referred to

Data Access Corporation v Powerflex Services Pty Ltd (1994) AIPC 91-112 not followed

DSE (Holdings) Pty Limited v Intertan Inc [2003] FCA 384 applied

Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49 applied

Federal Commissioner of Taxation v Coombes (1999) 92 FCR 240 referred to

Great Atlantic Insurance Co v Home Insurance Co [1981]1 WLR 540 referred to

Hooker Corporation Ltd v Darling Harbour Authority (1987) 9 NSWLR 538 referred to

Mann v Carnell (1999) 201 CLR 1 applied

Re Compass Airlines Pty Ltd (1992) 35 FCR 447 referred to

Spedley Securities Ltd (In Liq) v Bank of New Zealand (1991) 26 NSWLR 711 applied in part

Telstra Corp Ltd v BT Australasia Pty Limited (1998) 85 FCR 152 referred to

Torcasio Developments Pty Ltd v County Park Developments Pty Ltd (unreported, Supreme Court of Victoria, 9 September 1991) referred to

Wardrope v Dunn [1996] 1 Qd R 224 not followed

Worrell v Woods (1999) 90 FCR 264 applied

J D Heydon Cross on Evidence, 6th Aust edn, Butterworths 2000, referred to

DAVID JOHN FRANK LOMBE (AS TRUSTEE OF THE BANKRUPT ESTATE

OF JOSEPH POLLAK) v AANA POLLAK (ALSO KNOWN AS

ANNA POLLAK AND AANA CZEIZLER) N7209 of 2003 JACOBSON J SYDNEY 18 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 7209 of 2003

BETWEEN: DAVID JOHN FRANK LOMBE

(AS TRUSTEE OF THE BANKRUPT ESTATE