As to computer and other electronic records and customised reports seized in execution of search warrants - plaintiff claimed all such records were protected by legal professional privilege upon the basis of advice from the lawyer retained by him to obtain electronic phone data from the mobile phone - digital data initially extracted from the mobile phone was not privileged because:
(i) the whole of the stored data was not sought or required by the plaintiff's lawyer;
(ii) the digital form of such data was in the nature of original material and was not a copy of other material;
(iii) the entirety of the stored mobile telephone data was not brought into existence for the dominant purpose of obtaining legal advice or for future use in legal proceedings.
Case Details
Citation[2012] NSWSC 1580
CourtNSWSC
JurisdictionNew South Wales
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