Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gartner v Carter; In the matter of Gartner Wines Pty Limited [2004] FCA 258
PRACTICE AND PROCEDURE – legal professional privilege – where applicant claimed privilege in respect of document provided to legal adviser for purpose of obtaining legal advice – where document outlined proposal for corporate restructure – whether document drawn for an improper purpose – where proposed restructure would put assets beyond the reach of a secured creditor who appointed receivers and managers to the corporate group – document drawn for improper purpose – document not protected by legal professional privilege.
Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49 discussed Clark v United States of America (1933) 289 U.S. 1-20 cited R v Bell (1980) 146 CLR 141 cited Waterford v The Commonwealth of Australia (1982) 163 CLR 54 cited The Queen v Cox and Railton (1884) 14 QBD 153 cited Attorney General (NT) v Kearney (1985) 158 CLR 500 cited Southern Equities Corporation Limited (in liq) v Arthur Anderson & Co (1997) 70 SASR 166 cited Barclays Bank Plc & Ors v Eustice & Ors [1995] 4 All ER 511 followed Commissioner of Australian Federal Police v Propend Finance Pty Ltd (1997) 188 CLR 501 cited Hongkong Bank of Australia v Murphy [1993] 2 VR 419 referred to Gleem Pty Ltd v Gas & Fuel Corp of Victoria (unreported, Supreme Court of Victoria, Mandie J, 25 August 1995) referred to Grofam Pty Ltd v ANZ Banking Group (1993) 43 FCR 408 referred to GEC Marconi Systems Pty Ltd v BHP Information Technology [2000] FCA 593 referred to MICHAEL JOHN GARTNER v BRUCE JAMES CARTER AND JOHN RONALD HART No S3015 of 2002 LANDER J ADELAIDE 17 MARCH 2004
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S3015 OF 2002
BETWEEN: MICHAEL JOHN GARTNER
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