Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd [2007] FCA 933 EVIDENCE – legal professional privilege – communications created for both legal and commercial purposes – whether legal purpose was dominant purpose – whether evidence of purpose can be provided by someone other than the creator of the communication – assessment of range of documents as a whole to assist assessment of individual documents – whether agreement to pursue other dispute mechanisms displaces privilege – waiver of privilege by disclosure – whether gist or conclusion of communication disclosed – implied waiver – whether fairness dictates that privilege has been impliedly waived.
Evidence Act 1995 (Cth)
Attorney-General (NT) v Maurice (1986) 161 CLR 475, cited Bennett v Chief Executive Officer of the Australian Customs Service (2004) 140 FCR 101, cited Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341, considered Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49, cited Goldberg v Ng (1995)185 CLR 83, cited Kennedy v Wallace (2004) 142 FCR 185, cited Mann v Carnell (1999) 201 CLR 1, cited Sydney Airports Corp Ltd v Singapore Airlines [2005] NSWCA 47, cited Thomason v Campbelltown Municipal Council (1939) 39 SR (NSW) 347, considered Three Rivers District Council v Bank of England (No 6) [2005] A.C. 610, cited United States Surgical Corp v Hospital Products International Pty Ltd (unreported, Supreme Court of New South Wales, McClelland J, 13 October 1981), cited HOY MOBILE PTY LTD (ACN 103 105 228) v ALLPHONES RETAIL PTY LTD (ACN 008 168 090) NSD 1678 OF 2006
TAMBERLIN J
21 JUNE 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1678 OF 2006
BETWEEN: HOY MOBILE PTY LTD (ACN 103 105 228)
Applicant
AND: ALLPHONES RETAIL PTY LTD (ACN 008 168 090)
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