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Event and Time
Event Description
- Case involving DST Bluedoor Pty Ltd (plaintiff) and AMP Services Limited (defendant) concerning the inspection of documents related to a subpoena.
- The primary issue is whether legal professional privilege has been waived concerning certain documents produced by AMP via Mr. Mark Cassar, an external consultant.
Application and Claims
- Claims by DST: Argues that by disclosing documents to Mr. Cassar, AMP waived its legal professional privilege.
- Claims by AMP: Asserts that privilege has not been waived as Mr. Cassar was bound by confidentiality agreements at all relevant times.
Judicial Decisions
- The court ruled that legal professional privilege has not been waived by AMP, maintaining that the confidentiality agreements and the circumstances surrounding the disclosures preserved the privilege.
Dispute Points and Legal Basis
Dispute Points
- DST's Position:
- The communication to Mr. Cassar, as a third party, constitutes a waiver of privilege. - Mr. Cassar's confidentiality obligations under the original agreement expired in November 2019, allowing for the use of the disclosed information, including privileged communications. - The confidentiality agreement does not include legally privileged communications.
- AMP's Position:
- Maintaining confidentiality in the communication with Mr. Cassar did not imply waiver of privilege. - Mr. Cassar, while a consultant, had ongoing obligations of confidentiality that prevented any disclosure of privileged material. - The confidentiality agreements and consultancy agreements established a clear framework for confidentiality.