Alexiou v Australia and New Zealand Banking Group Limited (Notice to Produce) [2021] FCA 1538

Federal Court of Australia

Alexiou v Australia and New Zealand Banking Group Limited (Notice to Produce) [2021] FCA 1538 File number: NSD 719 of 2020

Judgment of: PERRAM J

Date of judgment: 8 December 2021

Catchwords: PRIVILEGE – legal professional privilege ('LPP') – application for production of solicitors' file notes – whether file notes subject to LPP – applicability of joint or common interest privilege

Legislation: Banking Act 1959 (Cth) s 52B Corporations Act 2001 (Cth) s 1317AB

Cases cited: AWB Ltd v Cole (No 5) [2006] FCA 1234; 155 FCR 30 Hallett v Endeavour Industries Ltd [2016] NSWSC 886 Morton v Bolinda Publishing Pty Limited [2017] FCA 187 Song v Commissioner of Taxation [2018] FCA 840

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 9

Date of hearing: 6 December 2021

Counsel for the Applicant: Mr A J McInerney SC with Mr G P Gee

Solicitor for the Applicant: Levitt Robinson

Counsel for the Respondent: Mr J A C Potts SC with Mr A R Langshaw

Solicitor for the Respondent: Seyfarth Shaw

ORDERS NSD 719 of 2020

BETWEEN: ETIENNE ALEXIOU Applicant

AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED (ACN 005 357 552) Respondent

order made by: PERRAM J DATE OF ORDER: 8 December 2021

THE COURT ORDERS THAT:

1. The Applicant's interlocutory application be dismissed. 2. The file notes marked MFI-1 be returned to the Respondent. 3. Costs are to be dealt with upon the resumption of the adjourned hearing of the Respondent's interlocutory application for suppression orders under s 37AF of the Federal Court of Australia Act 1976 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.