Fenwick v Wambo Coal Pty Ltd (No. 2) [2011] NSWSC 353 (15 April 2011)


EVIDENCE – client legal privilege – waiver of privilege – whether defendant knowingly and voluntarily disclosed the substance of the evidence within the meaning s 122(3) Evidence Act 1995 – disclosure of the conclusion and reasoning of advice disclosure of substance of the legal advice – whether substance disclosed under compulsion of law within the meaning of s 122(5) Evidence Act 1995 – where defendant disclosed substance of legal advice by giving discovery and producing document for inspection – defendant not under compulsion of law to disclose the substance of legal advice as could have claimed privilege – privilege waived by production for inspection on discovery