RinRim Pty Ltd v Deutsche Bank Australia Limited & Ors [2013] NSWSC 1654

Supreme Court New South Wales

Medium Neutral Citation: RinRim Pty Ltd v Deutsche Bank Australia Limited & Ors [2013] NSWSC 1654 Hearing dates: 7 November 2013 Decision date: 11 November 2013 Jurisdiction: Equity Division Before: Darke J Decision: (1) Order that, until further order of the Court, the defendants be refused access to the document entitled "Memorandum of Advice" dated 16 August 2013 which was produced by the plaintiff to the Court pursuant to Notice to Produce dated 3 October 2013. (2) Order that the defendants (other than the third defendant) pay the plaintiff's costs of the Notice of Motion filed 23 October 2013 Catchwords: EVIDENCE - client legal privilege - waiver - whether for purposes of s 122(2) Evidence Act 1995 party acted inconsistently with objecting to evidence of counsel's advice - counsel's advice formed part of basis for matters deposed to in affidavit but not mentioned in affidavit.

EVIDENCE - client legal privilege - waiver - whether for purposes of s 122(3) of Evidence Act 1995 party knowingly and voluntarily disclosed the substance of counsel's advice - disclosure that counsel had recommended a course of action - no disclosure of counsel's reasoning.

EVIDENCE - client legal privilege - wavier - where privilege in relation to other documents waived by voluntary disclosure - whether privilege waived pursuant to s 126 Evidence Act 1995 in relation to an advice of counsel because adducing evidence of it is reasonably necessary to enable a proper understanding of other documents. Legislation Cited: Evidence Act 1995 Evidence Act 1995 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Adelaide Steamship Co Ltd v Spalvins (1998) 81 FCR 360 Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1996) 40 NSWLR 12 Attorney General (Northern Territory) v Maurice (1986) 161 CLR 475 Bennett v Australian Customs Service (2004) 140 FCR 101; [2004] FCAFC 237 BT Australasia Pty Ltd v State of New South Wales (No 7) [1998] FCA 294 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 Fenwick v Wambo Coal Pty Ltd (No 2) [2011] NSWSC 353 Landmark Underwriting Agency Ltd v Kilborn [2006] NSWSC 1108 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 ML Ubase Holdings Co Limited v Trigem Computer Inc (2007) 69 NSWLR 577; [2007] NSWSC 859 NRMA Ltd v Morgan (No 2) [1999] NSWSC 694 Osland v Secretary, Department of Justice (2008) 234 CLR 275; [2008] HCA 37 Towney v Minister for Land and Water Conservation (1997) 76 FCR 401 Category: Interlocutory applications Parties: RinRim Pty Ltd (Plaintiff) Deutsche Australia Ltd (First Defendant) Credit Suisse (Australia) Ltd (Second Defendant) RBS Group (Australia) Pty Ltd (Third Defendant) Deutsche Bank Aktiengesellschaft (Fourth) Defendant) CIMB Capital Markets (Australia) Ltd (Fifth Defendant) Representation: Counsel: L V Gyles SC (Plaintiff) A Shearer (First, Second, Fourth and Fifth Defendants) Solicitors: Carlisle Attorneys (Plaintiff) Allen & Overy (First, Second, Fourth and Fifth Defendants) File Number(s): SC: 2013/272326 Publication restriction: Nil