Australian Securities and Investments Commission v Noumi (No 2) [2024] FCA 495

Australian Securities and Investments Commission v Noumi (No 2) [2024] FCA 495

Portions of Documents 9, 10, and 14 are privileged on basis distinct from the PwC Report; waiver of privilege in the PwC Report did not result in waiver of privilege in those portions. Parties achieved mixed success; each bears own costs except Second Defendant pays 75% of First Defendant’s costs responding to submissions abandoned or not pressed.

Parties
Plaintiff: Australian Securities and Investments Commission; First Defendant: Noumi Ltd; Second Defendant: Rory Macleod; Third Defendant: Campbell Nicholas
Jurisdiction
Australia
Judgment Date
14 May 2024
Procedural Posture
Interlocutory Application / Final Judgment and Orders
Outcome
Orders made granting privilege declaration, orders on production subject to leave to appeal, and costs apportionment.
Legal Topics
Legal Professional Privilege, Waiver of Privilege, Costs, Evidence
Commercial Law Corporations Law Legal Professional Privilege Waiver of Privilege Costs Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Australian Securities and Investments Commission

Plaintiff

Noumi Ltd

First Defendant

Rory Macleod

Second Defendant

Campbell Nicholas

Third Defendant

Procedural Posture

Interlocutory Application / Final Judgment and Orders

Legal Issues

  1. 1 Whether legal professional privilege attaches to certain redacted documents and portions
  2. 2 Whether waiver of privilege in PwC Report resulted in waiver of privilege in associated documents
  3. 3 Appropriate order as to costs given mixed success among parties

Ratio Decidendi

Portions of Documents 9, 10, and 14 are privileged on basis distinct from the PwC Report; waiver of privilege in the PwC Report did not result in waiver of privilege in those portions. Parties achieved mixed success; each bears own costs except Second Defendant pays 75% of First Defendant’s costs responding to submissions abandoned or not pressed.

Court Disposition

Orders made granting privilege declaration, orders on production subject to leave to appeal, and costs apportionment.

Orders

  • Declaration that legal professional privilege attaches to Privileged Material as defined in Schedule.
  • Documents containing Privileged Material are privileged from production.