O'Brien v Komesaroff
150 CLR 31041 ALR 255
(Decision by: Brennan J)
Between: O'Brien
And: Komesaroff
Judges:
Mason J
Murphy J
Aickin J
Wilson J
Brennan J
Subject References:
Practice and procedure
Partnership
Copyright
Breach of confidence
Judgment date: 21 May 1982
Decision by:
Brennan J
I agree with the reasons for judgment of Mason J., though I should wish to reserve for future consideration the question whether a person is entitled to protection of confidential information with respect to the means of avoiding the operation of a law where that information is not imparted in the course of and for the purpose of giving legal professional advice to a particular client in relation to that client's affairs. As his Honour points out, the question of copyright in legal precedents devised for use in minimizing liability to income tax was not argued.
I agree in the order proposed.
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