Event and Time
Event Description
This case involves two applications related to legal professional privilege arising during litigation between the Plaintiffs and the Defendant regarding a contract involving the sale of land. The first application is by the Plaintiffs seeking the return of certain documents they claim are protected by legal professional privilege (the “Return Application”). The second application is by the Defendant claiming the Plaintiffs waived privilege over all documents produced in response to subpoenas due to alleged selective disclosure (the “Broader Waiver Application”).
Application and Claims
- Plaintiffs’ Claims:
- Return of documents they assert were disclosed inadvertently and should remain privileged. - The Plaintiffs provided multiple affidavits from legal representatives and a combined outline of submissions supporting their position.
- Defendant’s Claims:
- Assertion that the Plaintiffs waived privilege by selectively disclosing numerous documents, making it unfair for them to claim privilege over others. - The Defendant filed affidavits from its solicitors and outlined submissions contesting the Plaintiffs' claims.
Judicial Decisions
- The Return Application was dismissed in part, except for a few documents that were ordered to be returned.
- The Broader Waiver Application was dismissed, with the court concluding that there was no evidence the Plaintiffs had selectively disclosed privileged documents.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs’ Position:
- Documents claimed as privileged were inadvertently disclosed without waiver. - The disclosure was non-selective and not a strategic decision.
- Defendant’s Position: