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Supreme Court judgments

Supreme Court judgments

By Professor Greg Reinhardt

Courts Judgment Justice 


Waiver of client legal privilege in documents - Viterra Malt Pty Ltd v Cargill Australia Ltd [2018] VSCA 118 (unreported 11 May 2018, No S APCI 2018 0041, Whelan, Kyrou and McLeish JJA).
This application for leave to appeal concerned the question whether the first respondent had impliedly waived client legal privilege by virtue of the way in which it had pleaded its case. The substantive proceeding concerned an agreement between the applicants, other than Glencore International AG, and the respondents for the purchase by the respondents of a malting business. The sale was completed on 31 October 2013. The applicants brought the proceeding on 1 October 2014 claiming damages for breach of warranty and for misleading and deceptive conduct under the Australian Consumer Law.

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