When assessing whether government documents disclosed through state archives attract an equitable obligation of confidence, the relevant inquiry is whether the circumstances of disclosure to the recipient (not the original communication) imported an obligation of confidence. Where government records are placed in archives under a policy favouring public access without restrictions on privileged material, and access is granted to solicitors without conditions relating to confidentiality, no obligation of confidence arises and any legal professional privilege is waived. Public interest immunity does not operate to restrict the use of documents already disclosed without conditions of confidentiality. The question whether detriment must be shown for injunctive relief restraining use of confidential information remains open.
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