Australian Securities and Investments Commission v Mercorella (No 4)[2006] FCA 873

Australian Securities and Investments Commission v Mercorella (No 4)[2006] FCA 873

The extension of time was refused because the delay in seeking leave to appeal was not adequately explained and nothing was put to identify any arguable error or likelihood that leave to appeal would be granted. The short length of the requested extension and the possibility that inspection might cause prejudice if the earlier decision were erroneous did not justify exercising the discretion to extend time. Mr Nicol was therefore permitted to inspect the documents in respect of which no legal professional privilege existed.

Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Interlocutory Application Concerning Legal Professional Privilege and Inspection of Documents / Application for Extension of Time to Seek Leave to Appeal From Interlocutory Judgment
Outcome
Application for extension of time refused; leave granted to Colin Nicol to inspect documents found not to be privileged.
Legal Topics
['extension of Time' 'leave to Appeal From Interlocutory Judgment' 'inspection of Documents' 'legal Professional Privilege' 'improper Purpose']
['civil Procedure' 'evidence' 'legal Professional Privilege'] ['extension of Time' 'leave to Appeal From Interlocutory Judgment' 'inspection of Documents' 'legal Professional Privilege' 'improper Purpose']

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Procedural Posture

Interlocutory Application Concerning Legal Professional Privilege and Inspection of Documents / Application for Extension of Time to Seek Leave to Appeal From Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the Sobey interests should be granted an extension of seven days within which to seek leave to appeal from the interlocutory judgment of 21 June 2006.' 'Whether Mr Nicol should be permitted to inspect documents found not to be subject to legal professional privilege.']

Ratio Decidendi

The extension of time was refused because the delay in seeking leave to appeal was not adequately explained and nothing was put to identify any arguable error or likelihood that leave to appeal would be granted. The short length of the requested extension and the possibility that inspection might cause prejudice if the earlier decision were erroneous did not justify exercising the discretion to extend time. Mr Nicol was therefore permitted to inspect the documents in respect of which no legal professional privilege existed.

Court Disposition

Application for extension of time refused; leave granted to Colin Nicol to inspect documents found not to be privileged.

Orders

  • ['The application on behalf of Anthony Sobey, Tracey Sobey and ACN 114 392 577 Pty Ltd for an extension of time within which to seek leave to appeal from the interlocutory judgment of 21 June 2006 is refused.' 'Leave to Colin Nicol to inspect those documents in the bundles marked for identification PT1, PT2 and PT4...