Global Medical Imaging Management Limited (in liquidation) v Australian Mezzanine Investments Pty Limited & Anor [2003] NSWSC 430

New South Wales Supreme Court

CITATION : Global Medical Imaging Management Limited (in liquidation) v Australian Mezzanine Investments Pty Limited & Anor [2003] NSWSC 430 HEARING DATE(S) : 14/05/03 JUDGMENT DATE : 14 May 2003

JURISDICTION: Equity Division Commercial List JUDGMENT OF : Einstein J DECISION : Leave to inspect relevant materials; Claim to privilege disallowed

CATCHWORDS : Evidence - Procedure - Legal professional privilege - Evidence Act 1995 section 122(2), 122(3) - Waiver of client legal privilege by employee or agent - managing director makes disclosure under cross examination - Counsel for party fails to apply to have non responsive answer stating substance of the advice struck out - Party held to have knowingly and voluntarily disclosed substance of the evidence LEGISLATION CITED : Evidence Act 1995 Adelaide Steamship v Spalvins (1988) 81 FC 360 CASES CITED : Ampolex v Perpetual Trustee Company 40 NSWLR 12 Eden Productions v Southern Star Group (2002) NSWSC 1166 Global Medical Imaging Management Limited (in liquidation) (formerly called Minotaur Funds Limited) (Plaintiff) PARTIES : Australian Mezzanine Investments Pty Limited (First Defendant) Perpetual Trustee Company Limited (Second Defendant) FILE NUMBER(S) : SC 50157/01 Mr SD Rares SC, Mr Lee (Plaintiff) COUNSEL : Mr NC Hutley SC, Mr Jones (First Defendant) Mr PM Wood (Second Defendant) Morgan Lewis Alter (Plaintiff) SOLICITORS : Baker & McKenzie (First Defendant) Blake Dawson Waldron (Second Defendant)