Federal Court of Australia
Federal Court of Australia
TerraCom Limited v Australian Securities and Investments Commission [2022] FCA 745 File number(s): NSD 248 of 2022
Judgment of: O'CALLAGHAN J
Date of judgment: 28 June 2022
Catchwords: PRACTICE AND PROCEDURE – legal professional privilege – interlocutory application by respondent to an appeal on giving of certain undertakings to have access to a document in respect of which a claim for legal professional privilege was made and found by the primary judge to have been waived – whether court should appoint amicus curiae or independent third party to make submissions in respect of the appeal – application dismissed
Cases cited: R (AHK) v Secretary of State for the Home Department [2009] 1 WLR 2049 Re Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2020] NSWSC 1832; (2020) 389 ALR 545 Rinehart v Rinehart [2016] NSWCA 58 State of New South Wales v Public Transport Ticketing Corporation (No 3) (2011) 81 NSWLR 394 TerraCom Ltd v Australian Securities and Investments Commission [2022] FCA 208
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 48
Date of hearing: 27 June 2022
Counsel for the Appellant: Mr MR Elliott SC
Solicitor for the Appellant: Horton Rhodes Lawyers
Counsel for the Respondent: Dr SB McNicol AM QC
Solicitor for the Respondent: HWL Ebsworth Lawyers
ORDERS NSD 248 of 2022
BETWEEN: TERRACOM LIMITED Appellant
AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Respondent
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