Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited

Practice and procedure – Discovery – Parties to commercial dispute ordered to give general discovery – Documents subject to client legal privilege mistakenly listed as non-privileged in appellants' Lists of Documents – Privileged documents inadvertently disclosed to respondents' solicitors – Whether Supreme Court had power to permit amendment of Lists of Documents – Whether Supreme Court had power to order respondents' solicitors to return documents.

Confidential information – Whether correct basis of jurisdiction for court to order return of inadvertently disclosed documents.

Client legal privilege – Whether privilege had been waived – Whether appellants' actions inconsistent with maintenance of claim to privilege.

Words and phrases – "case management", "client legal privilege", "discovery", "inadvertent disclosure", "waiver".

Civil Procedure Act 2005 (NSW) – Pt 6.

Evidence Act 1995 (NSW) – s 122.

Uniform Civil Procedure Rules 2005 (NSW) – rr 21.2, 21.3.