Head Quarters (WA) Pty Ltd (Trustee) v Mubarakai [2016] FCA 1254

FEDERAL COURT OF AUSTRALIA

Head Quarters (WA) Pty Ltd (Trustee) v Mubarakai [2016] FCA 1254 File number(s): QUD 179 of 2016

Judge(s): JAGOT J

Date of judgment: 18 October 2016

Catchwords: EVIDENCE – legal professional privilege – annexure to affidavit mistakenly included communications between solicitor and client – affidavit tendered – inadvertent disclosure - obvious from strike through that email not intended to be part of affidavit – no waiver of legal professional privilege

Cases cited: Expense Reduction Analysts Group Pty Limited v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; (2013) 250 CLR 303

Date of hearing: 18 October 2016

Registry: Queensland

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 5

Counsel for the Applicant: Mr C Crawford

Solicitor for the Applicant: Rouse Lawyers

Counsel for the Respondents: Mr B Grubb with Mr G Metaxas

Solicitor for the Respondents: Metaxas & Hager

ORDERS QUD 179 of 2016

BETWEEN: HEAD QUARTERS (WA) PTY LTD AS TRUSTEE FOR THE THREE FLIGHTS UP UNIT TRUST Applicant

AND: JERESTINE SHAHYAZ MUBARAKAI First Respondent

VICTORIA VENTURES PTY LTD AS TRUSTEE FOR THE VICTORIA VENTURES UNIT TRUST Second Respondent

JUDGE: JAGOT J DATE OF ORDER: 18 OCTOBER 2016

THE COURT ORDERS THAT:

1. The email from the applicant to his solicitor be removed from evidence on the basis that legal professional privilege over that document has not been waived. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.