Federal Court of Australia
CATCHWORDS JUDGMENT No. on Sodoal ben PRIVILEGE - legal professional privilege - whether privilege can be maintained in
respect of documents where the privilege 1s held by a dissolved company.
PRIVILEGE - legal professional privilege - claim for reimbursement of legal costs in previous proceedings as damages in present proceedings - disclosure of memoranda of fees relating to previous litigation - whether unfair to maintain privilege - whether implied
or imputed waiver of privilege.
CORPORATIONS - dissolution of company - whether legal professional privilege which 1s held by a company at the time of its dissolution vests in the Australian Securities
Commission upon dissolution. Corporations Law ss 9, 576
Bullivant v Attorney-General (Vic) [1901] AC 196
Prus-Grzybowski v Everingham (1987) 44 NTR 7
Baker v Evans (1988) 77 ALR 565
Attorney-General (N.T.) v Maurice (1986) 161 CLR 475
Goldberg & Ors v Ng & Ors (Unreported 11 July 1994 CA (NSW)) Packer v Deputy Commisstoner of Taxation (1985) 1 Qd R 275
LAKE CUMBELINE PTY LIMITED & ORS v EFFEM FOODS PTY LIMITED trading as UNCLE BEN'S OF AUSTRALIA
No NG129 of 1990
Tamberlin J
Sydney RECEIVED
14 November 1994
15 NOV 1994
FEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG129 of 1990 GENERAL DIVISION ) BETWEEN : LAKE CUMBELINE PTY LIMITED First Applicant IDOBOOK PTY LIMITED Second Applicant PETER HORROBIN Third Applicant RICHARD SANDS Fourth Applicant RAYMOND PRIDMORE Fifth Applicant AND : EFFEM FOODS PTY LIMITED trading as
UNCLE BEN'S OF AUSTRALIA Respondent
CORAM : TAMBERLIN J
PLACE : SYDNEY
DATED : 14 November 1994
MINUTES OF ORDER THE COURT ORDERS THAT:
1. The respondent's application for inspection be dismissed.
2. The costs of this application be reserved.
NOTE : Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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