NSW Caselaw
Reported Decision : 200 FLR 309
New South Wales Supreme Court
CITATION : Ingot Capital Investments Pty Limited & Ors v Macquarie Equity Capital Markets Limited & Ors [2006] NSWSC 530 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 12 May 2006 (Written Submissions 25 May 2006 and 26 May 2006)
JUDGMENT DATE : 6 June 2006
JUDGMENT OF : Bergin J
DECISION : Evidence Act does not apply to AAT. Common law (litigation) privilege not available.
CATCHWORDS : [EVIDENCE] - [PRIVILEGE] Whether the Evidence Act 1995 applies to proceedings in the Administrative Appeals Tribunal - Whether AAT proceedings are "proceedings" as that term is used in s 119 of the Evidence Act or "legal proceedings" for the purpose of common law legal professional privilege.
Administrative Appeals Tribunal Act 1975 (Cth) Civil Procedure Act 2005 LEGISLATION CITED : Evidence Act 1995 (NSW) Evidence Act 1995 (Cth) Federal Court of Australia Act 1976 (Cth) Supreme Court Act 1970
APRA v VBN & Ors [2005] FCA 1868 AWB v Honourable Terence Rhoderic Hudson Cole [2006] FCA 571 Blake v Norris (1990) 20 NSWLR 300 Bushell v Repatriation Commission (1992) 175 CLR 408 Cheney v Spooner (1929) 41 CLR 532 Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Griffin v Pantzer (2004) 207 ALR 169 CASES CITED : Re Interchase Corporation Ltd (1996) 139 ALR 183 Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 McDonald v Director-General of Social Security (1984) 1 FCR 354 Re Doran Constructions Pty Limited (in Liq) (2002) 194 ALR 101 Re Drake and Minister for Immigration and Ethnic Affairs (No.2) (1979) 2 1979 ALD 634 Re L (a minor) [1997] AC 16 Re Pochi v Minister for Immigration & Ethnic Affairs (1979) 26 ALR 247 Proust v Blake (1989) 17 NSWLR 267 Waterford v The Commonwealth of Australia (1987) 163 CLR 54
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