Times Properties Pty Ltd v Challenge Bank Ltd [1995] FCA 1036

Times Properties Pty Ltd v Challenge Bank Ltd [1995] FCA 1036

Neither the respondent nor the receiver succeeded in showing entitlement to legal professional privilege under ss118 or 119 of the Evidence Act 1995, as the receiver was not the respondent’s agent and there was no evidence of the solicitors being separately retained by the receiver. Thus, documents must be produced...

Source-derived case information.

Parties
Applicant: Times Properties Pty Ltd; Respondent: Challenge Bank Limited
Jurisdiction
Australia
Judgment Date
21 December 1995
Procedural Posture
Interlocutory Application / Order on Privilege Claims, Pre Trial
Outcome
Privilege claims rejected; production ordered.
Legal Topics
Legal Professional Privilege, Agency of Receiver, Mortgagee Powers, Document Production
Evidence Banking and Finance Property Law Legal Professional Privilege Agency of Receiver Mortgagee Powers Document Production

Source-derived case record

Summary, issues, holding and outcome

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Parties

Times Properties Pty Ltd

Applicant

Challenge Bank Limited

Respondent

Procedural Posture

Interlocutory Application / Order on Privilege Claims, Pre Trial

Legal Issues

  1. 1 Whether appointor (respondent) is able to claim legal professional privilege over documents created in connection with a receiver’s appointment.
  2. 2 Whether receiver is able to claim privilege over those documents.
  3. 3 Whether the respondent’s solicitors were separately instructed by the receiver.

Ratio Decidendi

Neither the respondent nor the receiver succeeded in showing entitlement to legal professional privilege under ss118 or 119 of the Evidence Act 1995, as the receiver was not the respondent’s agent and there was no evidence of the solicitors being separately retained by the receiver. Thus, documents must be produced for inspection.

Court Disposition

Privilege claims rejected; production ordered.

Orders

  • Within 7 days the respondent produce to the applicant for inspection certain specified documents as described in the 'Schedule of Documents'.
  • The respondent pay the applicant's costs in relation to the claim for client's legal privilege.