In the matter of Kevin Jacobsen Pty Limited [2011] NSWSC 1539

In the matter of Kevin Jacobsen Pty Limited [2011] NSWSC 1539

The examination remains extant due to the liberty to resume within six months, preserving the relevance and proper connection of the order for production with the examination. The order for production was within its proper limits, and the application to set it aside fails. Privilege claims over certain documents must be determined before access is granted.

Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Interlocutory Application / Direction on Privilege Claims and Set Aside Application
Outcome
Application to set aside production order refused; directions made for privilege claims; costs ordered against examinee.
Legal Topics
['winding Up' 'examination of Officers' 'order for Production' 'privilege Claims']
['corporations Law' 'civil Procedure'] ['winding Up' 'examination of Officers' 'order for Production' 'privilege Claims']

Case Brief

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Procedural Posture

Interlocutory Application / Direction on Privilege Claims and Set Aside Application

Legal Issues

  1. 1 ['Whether the order for production of documents should be set aside after partial compliance and examination has been stood over' 'Whether a continuing connection exists between examination and production order for documents provided after the examination was stood over' 'Whether privilege claims over certain documents require a separate determination']

Ratio Decidendi

The examination remains extant due to the liberty to resume within six months, preserving the relevance and proper connection of the order for production with the examination. The order for production was within its proper limits, and the application to set it aside fails. Privilege claims over certain documents must be determined before access is granted.

Court Disposition

Application to set aside production order refused; directions made for privilege claims; costs ordered against examinee.

Orders

  • ['Any interlocutory process seeking privilege orders to be filed and served within seven days and returnable at 10am on 30 January 2012.' 'Until further order, no access to documents where privilege is claimed.' "Mr Lord to pay the liquidators' costs of the interlocutory process."]