Matthews v Clifton [2014] FCA 415

Matthews v Clifton [2014] FCA 415

The cross-claimants made good their claim to protection of confidential information. Although they had not identified individual documents with specificity, there were reasonable grounds to suppose that the Computers contained confidential and privileged material, including personal emails, business records of associated proprietary companies and legal communications. That material had the requisite quality of confidence, had not lost confidentiality by being on company computers or by administrator access, and was disclosed or recorded in circumstances importing an obligation of confidence because the companies had actual or imputed knowledge of the limited purposes for which it was...

Jurisdiction
Australia
Judgment Date
30 April 2014
Procedural Posture
Application by Liquidator for Possession of Company Computers Under S 434 B of the Corporations Act 2001 (cth) and Direction Under S 511(1), With Cross Claim by Interveners for Protection of Confidential and Privileged Information / Reasons for Judgment and Interlocutory Orders; Final Orders Deferred
Outcome
The cross-claimants' claim for protection of confidential information was upheld in principle. The Court directed the preparation of minutes for an inspection and identification regime and deferred final orders, including orders on the plaintiff's application.
Legal Topics
['liquidator Access to Company Property' 'receivers and Managers' 'equitable Protection of Confidential Information' 'confidential Information Stored on Company Computers' 'legal Professional Privilege' 'privacy Act 1988 (cth)']
['corporations' 'equity' 'privacy' 'legal Professional Privilege' 'confidential Information'] ['liquidator Access to Company Property' 'receivers and Managers' 'equitable Protection of Confidential Information' 'confidential Information Stored on Company Computers' 'legal Professional Privilege' 'privacy Act 1988 (cth)']

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Procedural Posture

Application by Liquidator for Possession of Company Computers Under S 434 B of the Corporations Act 2001 (cth) and Direction Under S 511(1), With Cross Claim by Interveners for Protection of Confidential and Privileged Information / Reasons for Judgment and Interlocutory Orders; Final Orders Deferred

Legal Issues

  1. 1 ['Whether the receivers and managers should give up possession and control of the Computers to the plaintiff liquidator under s 434B of the Corporations Act 2001 (Cth).' 'Whether the plaintiff liquidator should have unfettered access to information on the Computers for purposes of the liquidations.' 'Whether the cross-claimants established an entitlement to protect confidential information and legally privileged material stored on the Computers.' 'Whether the Privacy Act 1988 (Cth) provided a basis for the relief sought by the cross-claimants.' 'Whether the cross-claimants had identified the confidential information with sufficient specificity.']

Ratio Decidendi

The cross-claimants made good their claim to protection of confidential information. Although they had not identified individual documents with specificity, there were reasonable grounds to suppose that the Computers contained confidential and privileged material, including personal emails, business records of associated proprietary companies and legal communications. That material had the requisite quality of confidence, had not lost confidentiality by being on company computers or by administrator access, and was disclosed or recorded in circumstances importing an obligation of confidence because the companies had actual or imputed knowledge of the limited purposes for which it was...

Court Disposition

The cross-claimants' claim for protection of confidential information was upheld in principle. The Court directed the preparation of minutes for an inspection and identification regime and deferred final orders, including orders on the plaintiff's application.

Orders

  • ['The cross-claimants are, by 6 May 2014, to prepare minutes of the orders they propose to give effect to a regime for the inspection and identification of the confidential and privileged information of the cross-claimants on the Computers.' 'The parties are, by 9 May 2014, to confer with a view to agreeing those...