(New South Wales) The defendant, Mr Webb claimed joint interest privilege in advice given pursuant to a retainer with C H Webb (the company). His argument had three bases. First, that the advice was given not only to the company as client, but also to him as client even though the company paid the lawyers’ fees. Secondly, that he was entitled to claim privilege because he ‘believed on reasonable grounds that, in giving the advices, the lawyers were acting for both’ him and the company. Thirdly, he claimed common interest privilege.
Held: Joint interest privilege was established on the evidence before him. He concluded (a) that Mr Webb believed that the communications were to him as client; (b) that on reasonable grounds he believed that the lawyers were his lawyers when giving advice; and (c) that the true substance of the arrangement was that advice was being given to the company and to the directors in their personal capacities.
Judges:
Simos J
Citations:
(1995) ACSR 418
Cited by:
Cited – Ford, Regina (on The Application of) v The Financial Services Authority Admn 11-Oct-2011
The claimant sought, through judicial review, control over 8 emails sent by them to their lawyers. They claimed legal advice privilege, but the emails contained advice sent by their chartered accountants. The defendant had sought to use them in the . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Legal Professions
Updated: 06 May 2022; Ref: scu.460500