In the matter of Australasian Hail Network Pty Limited (No 2) [2020] NSWSC 517

In the matter of Australasian Hail Network Pty Limited (No 2) [2020] NSWSC 517

Privilege over certain Moray & Agnew documents was waived due to the plaintiff's pleadings raising his lack of legal advice and understanding as issues, but privilege maintained over non-communicated materials; scope of permissible discovery is limited to documents relevant to the plaintiff's knowledge and conduct in issue; discovery is not ordered for matters solely going to credibility; applications for access to physical devices and for leave to issue a subpoena to New Zealand were refused as unnecessary and disproportionate given the discovery orders made.

Parties
First Plaintiff: Kane Boyd; Second Plaintiff: Automotive Paintless Techniques Pty Limited; First Defendant: Adam Woodlands; Second Defendant: Stephanie Woodlands; Third Defendant: Southern Cross Hail Pty Limited; Fourth Defendant: Australasian Hail Network Pty Limited; Fifth Defendant: Australian Securities and Investments Commission; Sixth Defendant: Carwook Pty Limited
Jurisdiction
Australia
Judgment Date
08 May 2020
Procedural Posture
Equity Corporations List / Interlocutory (discovery and Privilege Orders)
Outcome
Defendants' motion granted in part, otherwise dismissed.
Legal Topics
Discovery, Privilege, Evidence, Notice to Produce, Subpoena, Corporate Law
Civil Procedure Equity Corporations Discovery Privilege Evidence Notice to Produce Subpoena +1 more

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Parties

Kane Boyd

First Plaintiff

Automotive Paintless Techniques Pty Limited

Second Plaintiff

Adam Woodlands

First Defendant

Stephanie Woodlands

Second Defendant

Southern Cross Hail Pty Limited

Third Defendant

Australasian Hail Network Pty Limited

Fourth Defendant

Australian Securities and Investments Commission

Fifth Defendant

Carwook Pty Limited

Sixth Defendant

Procedural Posture

Equity Corporations List / Interlocutory (discovery and Privilege Orders)

Legal Issues

  1. 1 Whether certain documents are subject to client legal privilege or privilege has been waived
  2. 2 Scope of discovery relevant to facts in issue
  3. 3 Whether discovery can be ordered for the laptop, hard drive, mobile phones and email account

Ratio Decidendi

Privilege over certain Moray & Agnew documents was waived due to the plaintiff's pleadings raising his lack of legal advice and understanding as issues, but privilege maintained over non-communicated materials; scope of permissible discovery is limited to documents relevant to the plaintiff's knowledge and conduct in issue; discovery is not ordered for matters solely going to credibility; applications for access to physical devices and for leave to issue a subpoena to New Zealand were refused as unnecessary and disproportionate given the discovery orders made.

Court Disposition

Defendants' motion granted in part, otherwise dismissed.

Orders

  • Defendants granted access to specified Moray & Agnew documents in MFI-1 except ESI-0034.
  • Plaintiffs to provide verified list of documents within specified discovery categories by 5 June 2020, as detailed in the orders, including certain corporate, tax, and business documents and records relating to defined issues.