Kingsheath Club of the Clubs Limited (In liq) [2003] FCA 1034

FEDERAL COURT OF AUSTRALIA

Kingsheath Club of the Clubs Limited (In liq) [2003] FCA 1034 PRACTICE AND PROCEDURE – standing to be heard by non-party creditors of company in liquidation on liquidator's application to court for approval of entering into funding agreement – creditors of company also potential defendants in possible proceedings to be brought by liquidator – access by creditors to funding agreement in confidential exhibit to liquidator's affidavit – access by creditors to legal advice referred to by liquidator in affidavit filed with court – legal professional privilege – whether waiver of privilege by liquidator's reference to legal advice in support of application – whether principle of fairness operated so as to prevent liquidator having to disclose details of litigation funding and legal advice to potential defendants.

Federal Court (Corporations) Rules 2000 (Cth): r 2.13

Re Geelong Building Society (1996) 14 ACLC 334, considered Re Tietyens Investments Pty Ltd (1999) 31 ACSR 1, referred to Re Addstone Pty Ltd (In liq); Ex parte Macks (unreported, Mansfield J, Federal Court, 8 December 1998), considered Re Addstone Pty Ltd (In liq) (1998) 83 FCR 583, considered Elfic Limited v Macks (unreported, Williams J, Supreme Court of Queensland, 25 February 2000), considered In Re British & Commonwealth Holdings Plc (No 1 & 2) [1992] 1 Ch 342, considered Re Excel Finance Corporation Ltd (Receiver and Manager Appointed); Worthley v England (1994) 52 FCR 69, considered Re ACN 076 673 875 Ltd (Receiver and Manager Appointed) (In liq) (2002) 42 ACSR 296, applied Goldberg v Ng (1995) 185 CLR 83, referred to Mann v Carnell (1999) 201 CLR 1, applied Ampolex Ltd v Perpetual Trustees Co (Canberra) Ltd (1996) 40 NSWLR 12, referred to

IN THE MATTER OF KINGSHEATH CLUB OF THE CLUBS LIMITED (IN LIQUIDATION) (ACN 089 214 648)