Hawksford & Ors v Hawksford & Ors [2005] NSWSC 1316

Hawksford & Ors v Hawksford & Ors [2005] NSWSC 1316

Brett Paul Hawksford was clearly entitled as a director to access and inspect the books and financial records of Bremick Pty Ltd and BMB Investments Pty Ltd, particularly under s.290 of the Corporations Act 2001 (Cth), but the Court's wide power permitted reasonable conditions to protect confidential information, regulate copying and use, require professional undertakings, and exclude security codes. The Court declined to determine legal professional privilege issues in advance of a dispute about particular documents and reserved liberty to apply.

Jurisdiction
Australia
Judgment Date
08 December 2005
Procedural Posture
Corporations Application for a Director to Inspect Company Books and Financial Records / Third Interlocutory Application; Ex Tempore Decision on Terms of Access and Costs
Outcome
Access granted upon terms.
Legal Topics
["directors' Access to Company Records" 'inspection of Books and Financial Records' 'confidential Commercial Information' 'legal Professional Privilege' 'costs of Interlocutory Application']
['corporations Law' 'equity Procedure'] ["directors' Access to Company Records" 'inspection of Books and Financial Records' 'confidential Commercial Information' 'legal Professional Privilege' 'costs of Interlocutory Application']

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Procedural Posture

Corporations Application for a Director to Inspect Company Books and Financial Records / Third Interlocutory Application; Ex Tempore Decision on Terms of Access and Costs

Legal Issues

  1. 1 ['Upon what terms Brett Paul Hawksford, as a director, should be given access to inspect the books and financial records of Bremick Pty Ltd and BMB Investments Pty Ltd.' 'Whether the access orders should address documents said to be subject to legal professional privilege.' "Whether documents identifying the names and locations of Bremick's suppliers should be excluded or made subject to confidentiality restrictions." 'Whether professional advisers assisting the inspection should be required to give confidentiality undertakings.' 'Whether access or login security codes and administrator rights should be included in the records to be inspected.' 'What costs order should be made for the Third Interlocutory Application.']

Ratio Decidendi

Brett Paul Hawksford was clearly entitled as a director to access and inspect the books and financial records of Bremick Pty Ltd and BMB Investments Pty Ltd, particularly under s.290 of the Corporations Act 2001 (Cth), but the Court's wide power permitted reasonable conditions to protect confidential information, regulate copying and use, require professional undertakings, and exclude security codes. The Court declined to determine legal professional privilege issues in advance of a dispute about particular documents and reserved liberty to apply.

Court Disposition

Access granted upon terms.

Orders

  • ['Brett Paul Hawksford was authorised to inspect the books, as defined in s.9 of the Corporations Act 2001 (Cth), of Bremick Pty Ltd and BMB Investments Pty Ltd at their business premises in the manner specified in the orders.' "Brett Paul Hawksford's solicitors, counsel, accountants and financial advisers were...