NSW Caselaw
New South Wales Supreme Court
CITATION : Allatech v Construction Management Group [2002] NSWSC 723 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 1053/02 HEARING DATE(S) : 26 July and 6 August 2002 JUDGMENT DATE : 15 August 2002
Allatech Pty Ltd (P) PARTIES : Construction Management Group Pty Ltd (D1) Peter Hillig (D2) JUDGMENT OF : Austin J
A Spencer (P) COUNSEL : M Jacobs QC (D) J T Johnson (D2) Harris & Company (P) SOLICITORS : James Legal (D1) Watson Mangioni (D2) CATCHWORDS : EVIDENCE - legal professional privilege - waiver of privilege - whether tender of a single written advice waives privilege with respect to all other advices on the same subject matter - whether voluntary administrator's statement in report to creditors that company had 'good prospects' in litigation waived company's privilege with respect to advice on that subject LEGISLATION CITED : Corporations Act 2001 (Cth) ss 437B, 439A, 445D Evidence Act 1995 (NSW) ss 118, 122 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 BT Australasia Pty Ltd v State of New South Wales (No 7) (1998) 153 ALR 722 CASES CITED : Fort Dodge Australia Pty Ltd v Nature Vet Pty Ltd [2002] FCA 501 Garratts Ltd v Thanga Thurai [2002] NSWSC 39 McCabe v British American Tobacco Australia Services Ltd [2002] VSC 112 DECISION : Application for access to legal advice denied.
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
AUSTIN J
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