Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 6) [2020] FCA 64

FEDERAL COURT OF AUSTRALIA

Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 6) [2020] FCA 64 File number(s): VID 1157 of 2017

Judge(s): ANDERSON J

Date of judgment: 7 February 2020

Catchwords: PRACTICE AND PROCEDURE – discovery – search order – where two respondents (a company and its sole director) made discovery of documents (including those taken pursuant to search order) and objected to production of documents on the grounds of privileges – where company's registered business address is same as home address of director – whether company and/or director had control (i.e. possession, custody or power) of disputed documents at time that search order was executed – whether company and director can resist production of documents in categories "P1A", "P1B", "P2", P3" and "P4" EVIDENCE – privilege against self-incrimination – privilege against self-exposure to penalties – whether production of disputed documents would give rise to a real and appreciable risk of the relevant kind – where documents taken pursuant to search order are in custody of independent lawyer and independent computer expert – where copies of disputed documents are in possession of director's solicitors (and who are company's former solicitors) – whether order directing the independent parties or the director's solicitors to produce relevant documents would infringe the director's right to privileges CORPORATIONS – receivers – whether it is just and convenient to appoint a receiver over the company for purpose of producing relevant documents on behalf of the company Held: director entitled to resist production of documents in categories P3 and P4 (which were in sole control of director at relevant time) – documents in categories P1A, P1B and P2 (in control of both company and director at relevant time) to be made available for inspection by independent parties – receiver appointed to company to produce documents