RRR Don 6 Pty Limited (In Liquidation) v First Treasure Pty Limited [2012] FCA 332

Because the parties reached a compromise after provisional rulings and it was unnecessary for a final ruling on privilege, costs should be plaintiffs' costs in the proceeding as the plaintiffs were substantially successful, notwithstanding some limited success for the second defendant.

Parties: First Plaintiff: RRR Don 6 Pty Limited (In Liquidation) ACN 109 480 597; Second Plaintiffs: Richard Albarran, Blair Pleash and David Ross (In their capacity as liquidators of RRR Don 6 Pty Limited (In Liquidation) ACN 109 480 597); First Defendant: First Treasure Pty Limited ACN 131 065 631; Second Defendant: Amir Hyster; Third Defendant: Mark Westerman; Fourth Defendant: Peter Storey; Fifth Defendant: Hyster Amir Super Fund Pty Limited ACN 123 708 261 (in its own capacity and in its capacity as trustee of the Hyster Superannuation Fund)
Jurisdiction: Australia
Judgment Date: 05 March 2012
Procedural Posture: Interlocutory Application Within Liquidation Proceeding / Hearing and Orders on Interlocutory Application
Outcome: Application resolved by compromise; order as to costs made.
Legal Topics: Legal Professional Privilege, Liquidation, Discovery and Inspection of Documents, Costs

Civil Procedure Corporations Law Legal Professional Privilege Liquidation Discovery and Inspection of Documents Costs

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Parties

RRR Don 6 Pty Limited (In Liquidation) ACN 109 480 597

First Plaintiff

Richard Albarran, Blair Pleash and David Ross (In their capacity as liquidators of RRR Don 6 Pty Limited (In Liquidation) ACN 109 480 597)

Second Plaintiffs

First Treasure Pty Limited ACN 131 065 631

First Defendant

Amir Hyster

Second Defendant

Mark Westerman

Third Defendant

Peter Storey

Fourth Defendant

Hyster Amir Super Fund Pty Limited ACN 123 708 261 (in its own capacity and in its capacity as trustee of the Hyster Superannuation Fund)

Fifth Defendant

Procedural Posture

Interlocutory Application Within Liquidation Proceeding / Hearing and Orders on Interlocutory Application

Legal Issues

1 Whether plaintiffs are entitled to access documents over which legal professional privilege is claimed by the second defendant
2 Whether privilege is that of the plaintiffs or the second defendant
3 Whether privilege has been waived or cannot be relied upon due to issues raised in defence

Ratio Decidendi

Court Disposition

Application resolved by compromise; order as to costs made.

Orders

There be general access to the documents produced on subpoena by McCabe Terrill Lawyers and Christopher Bunnett Lawyers.
The plaintiffs' costs of and incidental to the hearings before Emmett J on 28 February 2012 and 5 March 2012 be the plaintiffs' costs in the proceeding.