Kayler-Thomson v Colonial First State Investments Limited (No 3) [2023] FCA 606

Federal Court of Australia

Kayler-Thomson v Colonial First State Investments Limited (No 3) [2023] FCA 606 File number: VID 1313 of 2018

Judgment of: COLVIN J

Date of judgment: 9 June 2023

Catchwords: PRIVILEGE - application for production of documents for inspection - where respondent resists production on basis of claim to legal professional privilege - where proceedings concern conduct of first respondent as trustee of superannuation funds - where proceedings brought on behalf of members of superannuation funds - whether joint legal professional privilege exists between third applicant and first respondent as beneficiary and trustee - where disputed documents relate to time periods when the third respondent was not invested in the relevant option - where previous interlocutory application brought by the first applicant was dismissed - where first respondent maintains the previous decision is binding upon the third applicant - where first respondent alleges the doctrine of Anshun estoppel precludes new reasons being raised by the third applicant - consideration of structure of the Trust Deed - consideration of beneficiary's interest in the trust - questions for determination adjudicated on basis that joint privilege exists

Legislation: Superannuation Industry (Supervision) Regulations 1994 (Cth)

Cases cited: D A Christie Pty Ltd v Baker [1996] 2 VR 582 Dyczynski v Gibson [2020] FCAFC 120; (2020) 280 FCR 583 Harvard Nominees Pty Ltd v Tiller (No 4) [2022] FCA 105 Kayler-Thomson v Colonial First State Investments Limited (No 2) [2021] FCA 854 Schreuder v Murray (No 2) [2009] WASCA 145 Shimson v MLC Nominees Pty Ltd [2021] VSCA 363 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR Zhang v Minister of Immigration, Local Government and Ethnic Affairs [1993] FCA 715