Pro-Invest Australian Hospitality (ST) Pty Ltd v Tactical Project Management Pty Ltd

[2025] QCA 10

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery and inspection of documents
3. › Grounds for resisting production
4. › Legal professional privilege
5. › Implied waiver of privilege
6. › Whether claiming legal costs as damages in subsequent proceedings constitutes conduct inconsistent with maintenance of privilege
7. › Whether privilege holder opened up question of amount and reasonableness of costs
1. Practice and Procedure
2. › Discovery and inspection of documents
3. › Grounds for resisting production
4. › Legal professional privilege
5. › Waiver of privilege
6. › Focus on conduct of privilege holder
7. › Whether forensic unfairness to opposing party sufficient to waive privilege
8. › Uniform Civil Procedure Rules 1999 (Qld), r 765

Quick Take

A party claiming legal costs incurred in earlier proceedings as a head of damages does not thereby waive legal professional privilege over the documents referred to in its solicitors' invoices, provided it does not rely on the content of those privileged communications to prove its claim.