Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anbu v Vulcanite Pty Limited [2015] FCA 283 Citation: Anbu v Vulcanite Pty Limited [2015] FCA 283
Parties: COLIN ANBU v VULCANITE PTY LIMITED (ACN 000 055 069) AND ORS
File number(s): NSD 591 of 2014
Judge(s): WIGNEY J
Date of judgment: 31 March 2015
Catchwords: PRACTICE AND PROCEDURE – Claim of legal professional privilege – Whether legal professional privilege has been impliedly waived because the applicant has pleaded reliance and put his state of mind in issue – Whether legal professional privilege has been waived by reason of partial disclosure of legal advice – Relevant principles of implied waiver
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 (Australian Consumer Law) ss 18, 20, 31, 236 Corporations Act 2001 (Cth), Part 2F.1
Cases cited: Archer Capital 4A Pty Ltd (as trustee for the Archer Capital Trust 4A) and Others v Sage Group plc (No 3) (2013) 306 ALR 414 Chen & Ors v City Convenience Leasing Pty Ltd & Anor [2005] NSWCA 297 Krok v Commissioner of Taxation [2015] FCA 51 Wayne Lawrence Pty Ltd v Hunt & Ors t/a Hunt Musgrave & Peach [1999] NSWSC 1044
Date of hearing: 25 November 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 45
Counsel for the Applicant: Mr AR Moses SC with Mr CP O'Neill
Solicitor for the Applicant: Sparke Helmore Lawyers
Counsel for the Respondents: Mr I Taylor SC
Solicitor for the Respondents: Marque Lawyers
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