Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) [2017] FCA 1306

FEDERAL COURT OF AUSTRALIA

Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) [2017] FCA 1306 File number: SAD 222 of 2015

Judge: BESANKO J

Date of judgment: 13 November 2017

Catchwords: PRACTICE AND PROCEDURE – consideration of an application seeking orders for inspection of documents over which a claim for legal professional privilege is made– where documents sought relate to communications between the Australian Securities and Investments Commission, its solicitors and a third party – where the documents sought are relevant to issues in the proceeding. PRIVILEGE – consideration of whether legal professional privilege attaches to the disputed documents – where the plaintiffs submitted that certain documents were created before legal proceedings were initiated or contemplated – whether the documents were created in furtherance of a third party's iniquitous purpose – consideration of the relevant principles with respect to the crime or fraud exception to legal professional privilege – where the proper construction of the deeds alleged to have been breached by the third party are not immediately apparent – whether the third party had an improper purpose in his communications with ASIC – where the evidence suggests that possible disciplinary action against the plaintiffs for misconduct at the forefront of the third party's mind – where the third party does not stand to make any financial gain by his conduct. PRACTICE AND PROCEDURE – consideration of an application for leave to intervene in the plaintiffs' Interlocutory process – where the third party's conduct at the centre of the plaintiffs' argument – where serious allegations are made against the third party – where the Court is satisfied that the third party would make a useful and different contribution to the resolution of the issues raised on the Interlocutory process – where the third party has a legitimate and reasonable interest in the outcome of the Interlocutory process.