Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed); In the Matter of Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) (No 3) [2016] FCA 738

FEDERAL COURT OF AUSTRALIA

Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) v Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed); In the Matter of Equititrust Ltd (In Liq) (Receiver Appointed) (Receivers and Managers Appointed) (No 3) [2016] FCA 738 File number: NSD 2028 of 2013

Judge: MARKOVIC J

Date of judgment: 23 June 2016

Catchwords: PRIVILEGE – claim of legal professional privilege by director in respect of legal advice to company – whether claim of joint privilege available – whether claim of common interest privilege available

Cases cited: Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 Archer Capital 4A Pty Ltd as Trustee for the Archer Capital Trust 4A v Sage Group plc (No 3) [2013] FCA 1160 Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Ltd [2013] FCA 998 AWB Ltd v Cole (No 5) (2006) 155 FCR 30 Buttes Gas and Oil Co v Hammer (No 3) [1981] QB 223 Farrow Mortgage Services Pty Ltd (in liquidation) v Webb (1996) 39 NSWLR 601 Media Ocean Ltd v Optus Mobile Pty Ltd (No 10) [2010] FCA 1348 Network Ten Ltd v Capital Television Holdings Ltd (1995) 36 NSWLR 275 Pioneer Concrete (NSW) Pty Ltd v Webb (1995) 18 ACSR 418 Sheahan and Lock (Liquidators); In the Matter of Binqld Finances Pty Ltd (In Liq) (2015) 107 ACSR 163 Temwell Pty Ltd v DKGR Holdings Pty Ltd [2003] FCA 967