Sunland Group Limited v Gold Coast City Council [2021] FCA 1473

Federal Court of Australia

Sunland Group Limited v Gold Coast City Council [2021] FCA 1473 File number(s): QUD 230 of 2020 Judgment of: GREENWOOD J

Date of judgment: 23 November 2021

Catchwords: CORPORATIONS – consideration of an application for orders for the production of documents in an unredacted form on the contended footing that the applicant in the principal proceedings had engaged in conduct giving rise to an implied waiver of legal professional privilege said to subsist in the text redacted from the various documents in question – consideration of whether waiver had arisen in relation to a range of other documents PRACTICE AND PROCEDURE – consideration of the principles relating to implied waiver of legal professional privilege – consideration of whether waiver had arisen on the facts in question

Cases cited: Attorney-General for the Northern Territory v Maurice (1986) 161 CLR 475 Avon Downs Pty Ltd v Federal Commissioner of Taxation (1949) 78 CLR 353 Council of the New South Wales Bar Association v Archer (2008) 72 NSWLR 236 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited (2013) 250 CLR 303 Gold Coast City Council v Sunland Group Limited & Anor [2020] QCA 89 Macquarie Bank Limited v Arup Pty Limited [2016] FCAFC 117 Mann v Carnell (1999) 201 CLR 1 Osland v Secretary, Department of Justice (2008) 234 CLR 275 Sunland Group Limited v Gold City Council [2021] HCA 35 Vic Hotel Pty Ltd v DC Payments Australasia Pty Ltd (2015) 321 ALR 191