Category Archives: s. 134

British American Tobacco Australia Services Limited v Sharon Y Eubanks for the United States of America; Nicholas Basil Cannar v Sharon Y Eubanks for the United States of America; British American Tobacco (Investments) Limited v Sharon Y Eubanks for the United States of America [2004] NSWCA 158 (18 May 2004)

[2004] NSWCA 158

EVIDENCE

evidence on commission

requests by foreign courts

meaning of “evidence”

whether evidence sought for purposes of US proceedings

weight to be given to terms of letters of request

Evidence on Commission Act 1995 s 33

discretion to give effect to letters of request

breadth of inquiry

possible exposure to civil or criminal proceedings

privilege of witnesses

where use-immunity granted in jurisdiction of requesting court

Evidence on Commission Act 1995 s 34

EVIDENCE

legal professional privilege

where documents in public domain

whether implied consent to disclosure by third party

where explicit consent to procedure whereby documents could become publicly available

Evidence Act 1995 s 122(4)

PRACTICE AND PROCEDURE

joinder of parties

where third party rights potentially affected by course of examination of witness

where third party able to protect itself by attending examination and seeking to be heard

no joinder required

Evidence Act 1995 ss 117, 118, 119, 122, 128, 134

R v P [2001] NSWCA 473 (13 December 2001)

[2001] NSWCA 473

EVIDENCE – Privilege – Legal professional privilege or client legal privilege – Exceptions – Whether displaced in protective proceedings – Opinion evidence – Whether admissible if based on privileged communications – Protected reports

COURTS AND JUDGES – Appeal – Objection to evidence not taken below – Whether can be taken on appeal

MENTAL HEALTH

PROFESSIONS – Lawyers – Duties to client – Privilege – Duty of confidence – Conflict of interests – Lawyer believes client incapable of giving rational instructions – Whether lawyer can take protective proceedings against client – Whether lawyer can use or disclose confidential information in such proceedings. D.

Evidence Act 1995  ss.4, 9, 119-122, 126A, 126B, 132, 134, 135

Hyhonie Holdings Pty Ltd v Leroy [2003] NSWSC 520 (12 June 2003)

[2003] NSWSC 520

EVIDENCE [83]- Admissibility- Communications between parties settling dispute- Dispute settled- Subsequent litigation between different parties- What said during such negotiations relevant- Whether admissible- Equitable evidence, whether prevented by  Evidence Act 1995 – Whether inferences available from refusal to disclose- “Consent” to admission of evidence- Implied consent- Does implied consent arise if a person only objects on a ground that is overruled by the Judge?- Evidence Act ss 131(2), 134.
Evidence Act 1995 , ss 122(1), 131(2), 134

British American Tobacco Australia Services Limited v Sharon Y Eubanks for the United States of America[2004] NSWCA 158 (18 May 2004)

[2004] NSWCA 158

EVIDENCE

evidence on commission

requests by foreign courts

meaning of “evidence”

whether evidence sought for purposes of US proceedings

weight to be given to terms of letters of request

Evidence on Commission Act 1995 s 33

discretion to give effect to letters of request

breadth of inquiry

possible exposure to civil or criminal proceedings

privilege of witnesses

where use-immunity granted in jurisdiction of requesting court

Evidence on Commission Act 1995 s 34

EVIDENCE

legal professional privilege

where documents in public domain

whether implied consent to disclosure by third party

where explicit consent to procedure whereby documents could become publicly available

Evidence Act 1995  s 122(4)

PRACTICE AND PROCEDURE

joinder of parties

where third party rights potentially affected by course of examination of witness

where third party able to protect itself by attending examination and seeking to be heard

no joinder required

Evidence Act 1995  ss 117, 118, 119, 122, 128, 134