Federal Court of Australia
Federal Court of Australia
Gall v Domino's Pizza Enterprises Limited (No 3) [2022] FCA 1330 File number: VID 685 of 2019
Judgment of: COLVIN J
Date of judgment: 7 November 2022
Date of publication of reasons: 8 November 2022
Catchwords: PRIVILEGE - challenge to claims of privilege over two documents - where respondent asserts legal professional privilege over first document - where applicant alleges that partial disclosure of the document has effected a complete waiver of that privilege - whether an inconsistency arises from the respondent's reliance on unredacted material and its assertion of privilege - where respondent asserts legal professional privilege and without prejudice privilege over the second document - whether communications contain a without prejudice proposal to which privilege may apply - whether the dominant purpose of the communications was to obtain legal advice - where application seeks a review of a decision of a Registrar - application allowed - orders made setting aside decision of Registrar and requiring disclosure of first document and parts of second document
Cases cited: Areva NC (Australia) Pty Ltd v Summit Resources (Australia) Pty Ltd [No 2] [2009] WASC 67 Assistant Treasurer and Minister for Competition Policy and Consumer Affairs v Cathay Pacific Airways Limited [2009] FCAFC 105; (2009) 179 FCR 323 Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1232 Bechara v Bates [2021] FCAFC 34; (2021) 286 FCR 166 Commissioner of Taxation v PricewaterhouseCoopers [2022] FCA 278 Commonwealth Director of Public Prosecutions v Citigroup Global Markets Australia Pty Limited (No 3 - privilege claims) [2021] FCA 1208 Esso Australia Pty Ltd v Australian Workers Union (No 3) [2020] FCA 316 Gall v Domino's Pizza Enterprises Limited [2019] FCA 1799 Hancock v Rinehart (Privilege) [2016] NSWSC 12 HongKong Xinhe International Investment Company Ltd v Bullseye Mining Ltd [No 5] [2022] WASC 245 Kennedy v Wallace [2004] FCAFC 337; (2004) 142 FCR 185 Mann v Carnell (1999) 201 CLR 1 Minetec Pty Ltd v Frost [2011] WASC 145 Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143; (2021) 286 FCR 494
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