CIP Group Pty Ltd v So (No 7) [2024] FCA 1437

The Receiver provided direct evidence that disclosure of the redacted material in the 11 invoices would reveal privileged legal advice and communications. On balance and by direct comparison to Carey v Korda, the elements of the claim are not left to implication, and the claim for privilege is upheld.

Parties: First Applicant: CIP Group Pty Ltd ACN 610 483 577; Second Applicant: CIP 1 Pty Ltd ACN 611 408 710; Third Applicant: Pyrmont Portfolio Pty Ltd ACN 608 496 617; First Respondent: Shan Ngai So; Second Respondent: GGPG Pty Ltd ACN 609 675 505 (Receiver and Manager Appointed); Third Respondent: Park Ridge 94 Pty Ltd ACN 616 893 924 (Receiver and Manager Appointed); Fourth Respondent: Park Ridge 96 and 98 Pty Ltd ACN 618 802 618 (Receiver and Manager Appointed); Fifth Respondent: Park Ridge 132 Pty Ltd ACN 619 053 735 (Receiver and Manager Appointed); Sixth Respondent: 168 Park Ridge Pty Ltd ACN 619 549 334 168 (Receiver and Manager Appointed); Seventh Respondent: Park Ridge 180 Pty Ltd ACN 616 431 157 (Receiver and Manager Appointed); Eighth Respondent: Rochedale Holdings Pty Ltd ACN 610 535 076 (Receiver and Manager Appointed); Ninth Respondent: Rochedale Holdings No. 1 Pty Ltd ACN 610 550 199 (Receiver and Manager Appointed); Tenth Respondent: GGPG Developments (No. 48) Pty Ltd ACN 608 771 857 (Receiver and Manager Appointed); Eleventh Respondent: Park Ridge Development Management Pty Ltd ACN 627 401 094 (Receiver and Manager Appointed); Twelfth Respondent: Coorparoo Holdings Pty Ltd ACN 609 979 446 (Receiver and Manager Appointed); Thirteenth Respondent: Axis North Pty Ltd ACN 609 653 821 (Receiver and Manager Appointed); Fourteenth Respondent: SIP Group Pty Ltd ACN 610 480 914 (Receiver and Manager Appointed); Fifteenth Respondent: SIP 1 Pty Ltd ACN 611 408 925 (Receiver and Manager Appointed); Sixteenth Respondent: MT Family Pty Ltd ACN 605 720 947; Seventeenth Respondent: Ultimate Investment Portfolio Pty Ltd ACN 611 531 778; Eighteenth Respondent: UIP 1 Pty Ltd ACN 655 578 733; Nineteenth Respondent: Lai Wah Wong; Twentieth Respondent: Suk Kuen Leung; Twenty First Respondent: SEL Property Investments Pty Ltd ACN 612 436 950; Twenty Second Respondent: Paul Wong; Twenty Third Respondent: Thynne & Macartney (A Firm)
Jurisdiction: Australia
Judgment Date: 12 December 2024
Procedural Posture: Corporations and Corporate Insolvency (application) / Interlocutory Application: Determination of Privilege Claim Over Documents (determined on the Papers)
Outcome: The claim for privilege identified by Mr Marcus Watters (the Receiver) in his submissions filed on 1 October 2024 is upheld.
Legal Topics: Legal Professional Privilege, Receivership, Production of Documents, Bills of Costs

Evidence Corporations Law Legal Professional Privilege Receivership Production of Documents Bills of Costs

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Parties

CIP Group Pty Ltd ACN 610 483 577

First Applicant

CIP 1 Pty Ltd ACN 611 408 710

Second Applicant

Pyrmont Portfolio Pty Ltd ACN 608 496 617

Third Applicant

Shan Ngai So

First Respondent

GGPG Pty Ltd ACN 609 675 505 (Receiver and Manager Appointed)

Second Respondent

Park Ridge 94 Pty Ltd ACN 616 893 924 (Receiver and Manager Appointed)

Third Respondent

Park Ridge 96 and 98 Pty Ltd ACN 618 802 618 (Receiver and Manager Appointed)

Fourth Respondent

Park Ridge 132 Pty Ltd ACN 619 053 735 (Receiver and Manager Appointed)

Fifth Respondent

168 Park Ridge Pty Ltd ACN 619 549 334 168 (Receiver and Manager Appointed)

Sixth Respondent

Park Ridge 180 Pty Ltd ACN 616 431 157 (Receiver and Manager Appointed)

Seventh Respondent

Rochedale Holdings Pty Ltd ACN 610 535 076 (Receiver and Manager Appointed)

Eighth Respondent

Rochedale Holdings No. 1 Pty Ltd ACN 610 550 199 (Receiver and Manager Appointed)

Ninth Respondent

GGPG Developments (No. 48) Pty Ltd ACN 608 771 857 (Receiver and Manager Appointed)

Tenth Respondent

Park Ridge Development Management Pty Ltd ACN 627 401 094 (Receiver and Manager Appointed)

Eleventh Respondent

Coorparoo Holdings Pty Ltd ACN 609 979 446 (Receiver and Manager Appointed)

Twelfth Respondent

Axis North Pty Ltd ACN 609 653 821 (Receiver and Manager Appointed)

Thirteenth Respondent

SIP Group Pty Ltd ACN 610 480 914 (Receiver and Manager Appointed)

Fourteenth Respondent

SIP 1 Pty Ltd ACN 611 408 925 (Receiver and Manager Appointed)

Fifteenth Respondent

MT Family Pty Ltd ACN 605 720 947

Sixteenth Respondent

Ultimate Investment Portfolio Pty Ltd ACN 611 531 778

Seventeenth Respondent

UIP 1 Pty Ltd ACN 655 578 733

Eighteenth Respondent

Lai Wah Wong

Nineteenth Respondent

Suk Kuen Leung

Twentieth Respondent

SEL Property Investments Pty Ltd ACN 612 436 950

Twenty First Respondent

Paul Wong

Twenty Second Respondent

Thynne & Macartney (A Firm)

Twenty Third Respondent

Procedural Posture

Corporations and Corporate Insolvency (application) / Interlocutory Application: Determination of Privilege Claim Over Documents (determined on the Papers)

Legal Issues

1 Whether sufficient basis exists to maintain a claim for legal professional privilege over bills of costs issued by solicitors to a receiver
2 Whether the fraud exception to privilege applies to the documents in question

Ratio Decidendi

Court Disposition

The claim for privilege identified by Mr Marcus Watters (the Receiver) in his submissions filed on 1 October 2024 is upheld.

Orders

The claim for privilege identified by Mr Marcus Watters in his submissions filed on 1 October 2024 be upheld.