| Mitic v OZ Minerals Ltd (FCA) - legal professional privilege - representative proceedings - claim to legal professional privilege over redacted parts of contested documents upheld |
| Annetts v Twin Loop Binding Pty Ltd (NSWSC) - leases and tenancies - make good provision - erroneous construction of lease but no amount found to be owing to plaintiffs on correct construction - leave to appeal granted - summons dismissed |
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| Mike Dudman and Paul Linsdell on the New Cost Rules |
| Mike Dudman and Paul Linsdell Blackstone Legal Costing discuss the costs implications of the new uniform legal profession rules. They cover the “public interest test” and the “fair and reasonable test” that has replaced the “grossly excessive test”. They also consider the more controversial aspects of the new costs rules. |
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| Summaries With Link (Five Minute Read) |
Mitic v OZ Minerals Ltd [2015] FCA 1152
Federal Court of Australia
Edelman J
Legal professional privilege - representative proceedings - company (Zinifex) merged with another company (Oxiana) - merged entity was company (OZ Minerals) - Mitic brought proceeding on behalf of former shareholders of Zinifex claiming damages from OZ Minerals for loss and damage arising from breaches of duty by OZ Minerals arising from its failure to disclose information relevant to merger - OZ Minerals and Zinifex claimed legal professional privilege over documents discovered by OZ Minerals - OZ Minerals claimed legal professional privilege over documents discovered by law firm (Clayton Utz) - Zinifex claimed legal professional privilege over documents discovered by another law firm (Allens) - numerous claims conceded or challenges not pressed - seven representative documents remained subject of contested claim - held: Court upheld claim to legal professional privilege over all redacted parts of contested documents except passage in documents over which OZ Minerals did not seek to maintain claim.
Mitic
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Annetts v Twin Loop Binding Pty Ltd [2015] NSWSC 1605
Supreme Court of New South Wales
Fagan J
Leases and tenancies - plaintiffs sought to appeal from decision of Magistrate concerning cross-claim against defendant for make-good costs incurred on vacation of leased premises - construction of lease - held: Magistrate erred construing clause of lease containing make good provision and in failing to hold that other clauses imposed relevant obligations on defendant - applying clauses in accordance with Court’s construction, Court unable to find sum payable by defendant to plaintiffs - leave to appeal granted - summons dismissed.
Annetts
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