Restom v Battenberg, in the matter of Battenberg [2006] FCA 781

FEDERAL COURT OF AUSTRALIA

Restom v Battenberg, in the matter of Battenberg [2006] FCA 781 PRACTICE AND PROCEDURE – subpoena – notice to produce – interim application to set aside subpoenas and notices to produce – relevance – legal professional privilege – waiver of privilege

Mann v Carnell (1999) 201 CLR 1 applied IN THE MATTER OF ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (trading as MICHELL SILLAR) v ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG NSD 2002/2005 STONE J 22 JUNE 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD2002 OF 2005

IN THE MATTER OF ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG

BETWEEN: CONWAY ANTHONY RESTOM, PETER JAMES CALDWELL, ANTHONY JAMES CORDATO, BRIAN STUART OLLIVER, PHILIP MARK DAY, ALAN WILKIE NICOL (trading as MICHELL SILLAR)

APPLICANTS

AND: ANDREW CHARLES ROBERT EDWARD ALBERT BATTENBERG

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 22 JUNE 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Paragraph 4 of the Notice to Produce dated 22 March 2006 issued on behalf of the applicants to the respondent may be satisfied by documents in which, apart from the name and address of the addressee, the contents are masked. 2. Paragraph 5 of the Notice to Produce dated 22 March 2006 issued on behalf of the applicants to the respondent is set aside. 3. Paragraphs 1 and 2 of the Notice to Produce dated 23 March 2006 issued on behalf of the applicants to the respondent are set aside. 4. The costs of this application are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA