SA E.Med Pty Ltd v Calvary Health Care Adelaide Ltd (No 2) [2011] FCA 835

FEDERAL COURT OF AUSTRALIA

SA E.Med Pty Ltd v Calvary Health Care Adelaide Ltd (No 2) [2011] FCA 835 Citation: SA E.Med Pty Ltd v Calvary Health Care Adelaide Ltd (No 2) [2011] FCA 835

Parties: SA E.MED PTY LTD (ACN 099 711 476) v CALVARY HEALTH CARE ADELAIDE LTD (ACN 106 314 229)

File number: SAD 94 of 2011

Judge: BESANKO J

Date of judgment: 27 July 2011

Catchwords: PRACTICE AND PROCEDURE — Application by respondent for production of documents in respect of which applicant claimed privilege — where applicant claimed rectification of written contract with respondent — where applicant's state of mind is in issue — where legal advice obtained by applicant was material to applicant's state of mind — whether applicant had waived privilege HELD: The applicant was ordered to produce the communications sought in the period leading up to the entry into the contract and at the time of the contract, but not the communications sought during the period after entry into the contract.

Legislation: Evidence Act 1995 (Cth) s 122 Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 33 r 11

Cases cited: Chen v City Convenience Leasing Pty Ltd [2005] NSWCA 297, cited Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341, cited DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499, cited Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49, cited Re Butlin's Settlement Trusts [1976] Ch 251, cited Mann v Carnell (1999) 201 CLR 1, cited Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603, cited Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 85 FCR 152, cited Wayne Lawrence Pty Ltd v Hunt [1999] NSWSC 1044, cited