Australia and New Zealand Banking Group Limited v James (No 2) [2021] FCA 784

Federal Court of Australia

Australia and New Zealand Banking Group Limited v James (No 2) [2021] FCA 784 File number(s): NSD 873 of 2020

Judgment of: CHEESEMAN J

Date of judgment: 7 July 2021

Date of publication of reasons: 12 July 2021

Catchwords: PRACTICE AND PROCEDURE – application for production of documents – objection to production on the basis of legal advice privilege – parties consented to docket judge adjudicating on the privilege claim - Held : claim for legal advice privilege upheld

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: General and Personal Insolvency

Number of paragraphs: 8

Date of hearing: 7 July 2021

Counsel for the Applicant: Mr J Stoljar SC with Mr J Hynes and Ms K Boyd

Solicitor for the Applicant: Allens

Counsel for the Respondent: Mr M Condon SC with Mr H Durack

Solicitor for the Respondent: Allsop Glover

ORDERS NSD 873 of 2020

BETWEEN: AUSTRALIA AND NEW ZEALAND BANKING GROUP LTD Applicant

AND: DAVID ANTHONY JAMES Respondent

order made by: CHEESEMAN J DATE OF ORDER: 7 July 2021

THE COURT ORDERS THAT:

1. Prayer 5 of relief in the Respondent's Interim Application filed 2 July 2021 be dismissed. 2. Pursuant to ss. 37AG and 37AF of the Federal Court of Australia Act 1976 (Cth), on the ground that the order is necessary to prevent prejudice to the proper administration of justice, until order of the Court, Confidential Exhibit PK-4 is not to be published and/or accessed except pursuant to an order of the Court. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.