Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Whittenbury v Vocation Limited (No 2) [2020] FCA 653 File number: VID 434 of 2015
Judge: MIDDLETON J
Date of judgment: 15 May 2020
Catchwords: CORPORATIONS – discovery – claim of privilege by liquidators – powers of liquidators to assert and waive legal professional privilege PRACTICE AND PROCEDURE – discovery – legal professional privilege – standing to claim privilege – whether liquidator has power to assert or waive privilege on behalf of company – costs follow the event – mixed outcome
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Re Dallhold Investments Pty Limited (1994) 53 FCR 339 Dodds Family Investments Pty Ltd (formerly Solar Tint Pty Ltd) v Lane Industries Pty Ltd (1993) 26 IPR 261 Lenning v Alexander Proudfoot Company World Headquarters [1991] NSWCA 172
Date of hearing: Determined on the papers
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
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