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

CATCHWORDS EVIDENCE - client's legal privilege - documents and communications passing between receiver and solicitors for appointor - whether appointor able to claim privilege - whether receiver able to claim privilege - whether appointor's solicitors were separately instructed by receiver. Evidence Act 1995, ss117-119 Trade Practices Act, s52 TIMES PROPERTIES PTY LTD v CHALLENGE BANK LIMITED NO. WAG 70 OF 1995 JUSTICE R D NICHOLSON PERTH 21 DECEMBER 1995

IN THE FEDERAL COURT OF AUSTRALIA ) LIMITED DISTRIBUTION WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO. WAG 70 OF 1995 B E T W E E N: TIMES PROPERTIES PTY LTD Applicant and CHALLENGE BANK LIMITED Respondent MINUTE OF ORDER JUDGE MAKING ORDER: JUSTICE R D NICHOLSON DATE OF ORDER: 21 DECEMBER 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. Within 7 days the respondents produce to the applicant for inspection the following documents (as described in the "Schedule of Documents" produced by Farrix Pty Ltd in response to a subpoena for production of documents dated 29 September 1995): (a) Letter to Andrew Barclay, Mallesons Stephen Jaques dated 10 August 1994. (b) Letter from Mallesons Stephen Jaques to Price Waterhouse dated 30 May 1994. (c) File note dated 15 April 1994. (d) Letter from Mallesons Stephen Jaques dated 25 August 1994.

(e) File note, paragraph 2 dated 11 May 1994. (f) Letter to Mallesons Stephen Jaques dated 10 August 1994. 2. The respondent pay the applicant's costs in relation to the claim for client's legal privilege. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.