Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd [2022] FCA 1273

FEDERAL COURT OF AUSTRALIA

Watson & Co Superannuation Pty Ltd v Dixon Advisory and Superannuation Services Ltd [2022] FCA 1273 File number: VID 769 of 2021

Judgment of: THAWLEY J

Date of judgment: 27 October 2022

Catchwords: REPRESENTATIVE PROCEEDINGS – application for insurance policies held by administrators of the first respondent and by director respondents – power to order production of documents under section 70-90 of Schedule 2 to the Corporations Act 2001 (Cth) (IPS) and section 23 of the Federal Court of Australia Act 1976 (Cth) (FCA Act) – where disclosure of documents by administrators might found cause of action for breach of confidence – accepted that it was "not reasonable" for the administrators to comply with the request for documents and that their decision to refuse request was correct – where production of documents would be in the interests of administrators and creditors as a whole – where any prejudice to insurers could be mitigated or eliminated by limitations on disclosure – held that administrators should be ordered to produce documents, , subject to limitations to be decided, under s 70-90(3) of the IPS and s 23 of the FCA Act – production not ordered against director respondents

Legislation: Acts Interpretation Act 1901 (Cth) s 33(2A) Corporations Act 2001 (Cth) ss 436A, 440D, 600K, Sch 2 5-20, 55-1, 70-1, 70-45, 70-65, 70-90 Federal Court of Australia Act 1976 ss 23, 33ZF, 37M, 37P Federal Court Rules 2011 (Cth) rr 7.23, 9.12 Insolvency Law Reform Bill 2015 (Cth) Insolvency Practice Rules (Corporations) 2016 (Cth) r 70-15