Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 6) [2021] FCA 694

Nipps (Administrator) v Remagen Lend ADA Pty Ltd, in the matter of Adaman Resources Pty Ltd (Administrators Appointed) (No 6) [2021] FCA 694

Documents 1 to 8 were created for the dominant purpose of providing confidential legal advice to the Interested Parties in their personal capacities. The communications were intended to remain confidential, and transmission to Messrs Bradshaw, Wight or Bowden was confined to enabling them to be familiar with that advice in connection with the Interested Parties' capacities as directors of Adaman Resources. Nothing on the face of the documents or otherwise proved showed waiver, and there was no unfairness in preserving privilege.

Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Commercial and Corporations; Corporations and Corporate Insolvency Proceeding Concerning Legal Professional Privilege / Determination of the Defendant's Interlocutory Application Dated 21 May 2021 After Inspection of Disputed Documents 1 to 8
Outcome
The defendant's interlocutory application dated 21 May 2021 was dismissed, and the Interested Parties were entitled to maintain legal professional privilege over Documents 1 to 8.
Legal Topics
['advice Privilege' 'waiver of Privilege' 'confidentiality of Lawyer Client Communications' 'third Parties Included in Privileged Communications' 'inspection of Disputed Documents']
['evidence' 'legal Professional Privilege' 'corporations' 'corporate Insolvency'] ['advice Privilege' 'waiver of Privilege' 'confidentiality of Lawyer Client Communications' 'third Parties Included in Privileged Communications' 'inspection of Disputed Documents']

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Procedural Posture

Commercial and Corporations; Corporations and Corporate Insolvency Proceeding Concerning Legal Professional Privilege / Determination of the Defendant's Interlocutory Application Dated 21 May 2021 After Inspection of Disputed Documents 1 to 8

Legal Issues

  1. 1 ['Whether Documents 1 to 8 were protected by legal professional privilege.' 'Whether the inclusion of Messrs Bradshaw, Wight or Bowden in communications with a legal adviser amounted to waiver of privilege or affected confidentiality.' 'Whether the communications were made for the dominant purpose of providing confidential legal advice to the Interested Parties in their personal capacities.']

Ratio Decidendi

Documents 1 to 8 were created for the dominant purpose of providing confidential legal advice to the Interested Parties in their personal capacities. The communications were intended to remain confidential, and transmission to Messrs Bradshaw, Wight or Bowden was confined to enabling them to be familiar with that advice in connection with the Interested Parties' capacities as directors of Adaman Resources. Nothing on the face of the documents or otherwise proved showed waiver, and there was no unfairness in preserving privilege.

Court Disposition

The defendant's interlocutory application dated 21 May 2021 was dismissed, and the Interested Parties were entitled to maintain legal professional privilege over Documents 1 to 8.

Orders

  • ["The defendant's interlocutory application dated 21 May 2021 be dismissed." 'The question of costs, if any, be reserved to the docket judge.']