Caratti v Harris & Kirman as Joint Liquidators of GH1 Pty Ltd [2019] FCAFC 124

FEDERAL COURT OF AUSTRALIA

Caratti v Harris & Kirman as Joint Liquidators of GH1 Pty Ltd [2019] FCAFC 124 Appeal from: Zafra Legal Pty Ltd v Harris [2018] FCA 908

File numbers: WAD 403 of 2018

Judges: KERR, STEWARD AND BANKS-SMITH JJ

Date of judgment: 2 August 2019

Catchwords: CORPORATIONS - interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) - appeal from orders allowing delivery up of hard drives storing electronic copies of books and records to respondent companies - where hard drives contain copies of documents seized under search warrant executed by the Australian Federal Police - where appellant obtained hard drives following request to Australian Federal Police - where appellant a director or shadow director of respondent companies - where copies included copies of books and records of the companies - whether request to Australian Federal Police made by appellant solely in personal capacity - whether appellant established claim of legal professional privilege over all documents requested - whether appellant obliged to deliver documents to liquidators of companies under s 530A of the Corporations Act 2001 (Cth) - whether copies of seized documents comprise books that relate to the companies under s 530A - whether appellant entitled to retain exclusive possession of hard drives and electronic copies as against the companies and liquidators

Legislation: Acts Interpretation Act 1901 (Cth) s 2B Corporations Act 2001 (Cth) ss 9, 247A, 431, 438C, 530A, 530B Crimes Act 1914 (Cth) s 3N