Hastie Group Ltd (in liq) v Moore t/as Deloitte Touche Tohmatsu [2016] NSWSC 1400

Hastie Group Ltd (in liq) v Moore t/as Deloitte Touche Tohmatsu [2016] NSWSC 1400

After inspecting the unredacted documents, the Court held that only passages actually revealing legal advice or matters of strategy or tactics could remain redacted; many proposed redactions merely disclosed factual matters, the Liquidators' own conclusions, funding positions, anticipated inquiries, or administrative information and therefore had to be revealed. The Liquidators' time sheets and Hall & Wilcox costs agreement did not reveal legal advice or strategy sufficient to justify redaction and were to be produced unredacted.

Jurisdiction
Australia
Judgment Date
30 September 2016
Procedural Posture
Equity Commercial List; Procedural Ruling Concerning Documents Produced in Response to a Notice to Produce and Proposed Redactions / On the Papers
Outcome
Certain documents to be produced unredacted; some proposed redactions permitted and others rejected.
Legal Topics
['notice to Produce' 'client Legal Privilege' 'redaction of Produced Documents' 'inspection of Documents by the Court' "liquidators' Time Sheets" 'costs Agreement']
['practice and Procedure' 'evidence' 'insolvency'] ['notice to Produce' 'client Legal Privilege' 'redaction of Produced Documents' 'inspection of Documents by the Court' "liquidators' Time Sheets" 'costs Agreement']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Commercial List; Procedural Ruling Concerning Documents Produced in Response to a Notice to Produce and Proposed Redactions / On the Papers

Legal Issues

  1. 1 ['Whether proposed redactions to documents produced in response to a notice to produce were justified because the redacted material revealed legal advice or views in relation to prospects, strategy or tactics.' 'Whether, after inspection of the unredacted documents, particular passages should be revealed or could remain redacted.' "Whether liquidators' time sheets and a solicitors' costs agreement should be produced unredacted."]

Ratio Decidendi

After inspecting the unredacted documents, the Court held that only passages actually revealing legal advice or matters of strategy or tactics could remain redacted; many proposed redactions merely disclosed factual matters, the Liquidators' own conclusions, funding positions, anticipated inquiries, or administrative information and therefore had to be revealed. The Liquidators' time sheets and Hall & Wilcox costs agreement did not reveal legal advice or strategy sufficient to justify redaction and were to be produced unredacted.

Court Disposition

Certain documents to be produced unredacted; some proposed redactions permitted and others rejected.

Orders

  • ['Certain documents to be produced unredacted.' 'Redactions were permitted for passages found to reveal legal advice or matters of strategy or tactics, including specified parts of Documents 1, 2, 3, 4 and 8, 6 and 11, 7 and 12, and Documents 13 to 17.' "Redactions were not justified for the Liquidators' time sheets...