EVIDENCE - voir dire - objections - where loss of client legal privilege - principled approach to s 126 of the Evidence Act 1995 (Cth) considered - whether second privileged communication reasonably necessary to enable a proper understanding of other communication over which privilege lost - where applicants propose to adduce evidence in cross examination concerning representations made - whether tender of the document ought be permitted - tender allowed - orders made permitting cross examination
REPRESENTATIVE PROCEEDINGS - shareholder class action - where applicants acquired shares in Boral - where Boral USA entered into agreement to acquire Headwaters Incorporated - where applicants claim that Boral made representations concerning the integration of Headwaters into Boral USA - where representations said to amount to misleading and deceptive conduct and breach of continuous disclosure obligations - where applicant contends alleged breaches caused or materially contributed to price of Boral shares - where applicants seek damages and statutory compensation
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