Minera Las Bambas SA and another v Glencore Queensland Ltd and others

Disclosure and inspection of documents – Privilege. Litigation privilege could only arise in favour of a person who was a party to the litigation in question and did not extend to a non-party. Accordingly, the Commercial Court, in considering the claimant companies' application for a determination of whether the defendant companies were entitled to assert litigation privilege, held that any right to assert litigation privilege arising out of related proceedings was that of the claimants as a party to those proceedings and it was not open to the defendants to assert such privilege against them.

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