EVIDENCE — privilege — client legal privilege — whether defendants were the clients entitled to claim privilege — where chain of emails sent from company computer with official company signature used — where action which advice sought could only be taken by company, not individuals — held, defendants were the clients
EVIDENCE — privilege — client legal privilege — whether privilege had been lost — whether secondary evidence can be given by tender of emails — common law position would admit evidence regardless of any waiver — (NSW) Evidence Act 1995, s 118 and s 119 overturns common law position so that secondary evidence is not admissible — whether defendants have waived privilege under Evidence Act, s 122(2) — held, privilege was waived by delay
Case Details
Citation[2016] NSWSC 1581
CourtNSWSC
JurisdictionNew South Wales
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