In the matter of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (No 4) [2015] NSWSC 2018

In the matter of Recycling Holdings Pty Ltd (in liquidation) (deed administrator appointed) ACN 123 236 573 (No 4) [2015] NSWSC 2018

The subpoena was not set aside because any privilege in the solicitor's meeting notes had been waived when the administrators' notes recording the substance of the same communications were produced without objection and with the express or implied consent of the relevant clients; the meeting notes were relevant to pleaded issues about the administrators' independence; the costs agreements were generally not privileged and there was no evidence that they disclosed tactics or strategy; and the costs agreements were relevant to Front Foot's capacity to fund the other proceedings.

Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Objection to Production of Documents Under Subpoena / Interlocutory Process
Outcome
Interlocutory process dismissed with costs.
Legal Topics
['subpoena for Production' 'legal Professional Privilege' 'litigation Privilege' 'waiver of Privilege' 'relevance' 'costs Agreements' 'voluntary Administration and Deed Administration']
['evidence' 'civil Procedure'] ['subpoena for Production' 'legal Professional Privilege' 'litigation Privilege' 'waiver of Privilege' 'relevance' 'costs Agreements' 'voluntary Administration and Deed Administration']

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Procedural Posture

Objection to Production of Documents Under Subpoena / Interlocutory Process

Legal Issues

  1. 1 ["Whether solicitor's notes of meetings between solicitor, client and proposed deed administrators were protected by litigation privilege under (NSW) Evidence Act 1995, s 119." "Whether any privilege in those meeting notes was waived by prior production of the administrators' notes of the meetings." 'Whether the meeting notes were relevant to an issue about the independence of the administrators.' 'Whether costs agreements for the conduct of Supreme Court proceedings were subject to legal advice or litigation privilege.' "Whether the costs agreements were relevant to Front Foot's financial capacity to fund other proceedings."]

Ratio Decidendi

The subpoena was not set aside because any privilege in the solicitor's meeting notes had been waived when the administrators' notes recording the substance of the same communications were produced without objection and with the express or implied consent of the relevant clients; the meeting notes were relevant to pleaded issues about the administrators' independence; the costs agreements were generally not privileged and there was no evidence that they disclosed tactics or strategy; and the costs agreements were relevant to Front Foot's capacity to fund the other proceedings.

Court Disposition

Interlocutory process dismissed with costs.

Orders

  • ['The interlocutory process filed 2 March 2015 be dismissed with costs.']