NSW Caselaw
Industrial Court of New South Wales
CITATION: Stat Medical Pty Limited v ConMed Linvatec Australia Pty Limited. [2007] NSWIRComm 304
APPLICANT PARTIES: Stat Medical Pty Limited RESPONDENT ConMed Linvatec Australia Pty Limited
FILE NUMBER(S): 884 of 2006
CORAM: Marks J
CATCHWORDS: Implied waiver of professional privilege - applicant in unfair contract proceedings under s 106 referred in affidavit to being heavily reliant on solicitor's advice before entering into agreement - claim based in part on unequal bargaining position - held applicant had waived privilege - orders for production of documents
Evidence Act 1995 Part 3.10, s 122 LEGISLATION CITED: Industrial Relations Act 1996 s 106 Industrial Relations Commission Rules 1996 Rules 160, 161
Commissioner of Taxation v Rio Tinto Ltd [2006] FCAFC 86, 151 FCR 341 CASES CITED: Southern Equities Corporation Ltd (in liquidation) v Arthur Andersen and Co (1997) SASC 6373 Tynan Motors Pty Ltd v Mazda Australia Pty Ltd [2003] NSWIRComm 146
HEARING DATES: 6 December 2007
DATE OF JUDGMENT: 14 December 2007
APPLICANT Mr D Shoebridge of counsel Solicitors: Employment Lawyers Mr A Barwick LEGAL REPRESENTATIVES: RESPONDENT Mr P Braham of counsel Mr Y Shariff of counsel Solicitors: Clayton Utz Mr J Catanzariti
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