In the matter of Fogo Brazilia Holdings Pty Ltd (in liq) [2021] NSWSC 580

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Fogo Brazilia Holdings Pty Ltd (in liq) [2021] NSWSC 580 Hearing dates: On the papers – written submissions received 18 and 19 May 2021 Date of orders: 24 May 2021 Decision date: 24 May 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: One paragraph of notice to produce set aside in part. Catchwords: NOTICES TO PRODUCE – application to set aside one category of documents in notice to produce – whether legitimate forensic purpose – whether documents the subject of client legal privilege – whether privilege lost by disclosure of substance of legal advice or conduct inconsistent with the maintenance of confidentiality in the communications Legislation Cited: Corporations Act 2001 (Cth), ss 596A, 596B Evidence Act 1995 (NSW), ss 117-126, 131A Uniform Civil Procedure Rules 2005 (NSW), rr 1.9, 21.10 Cases Cited: Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341; 229 ALR 304; [2006] FCAFC 86 Elanor Operations Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 840 Hastie Group Ltd (in liq) v Moore (t/as Deloitte Touche Tohmatsu) (2016) 339 ALR 635; [2016] NSWCA 305 Category: Procedural rulings Parties: Fogo Brazilia Holdings Pty Ltd (First Plaintiff) Ian David Dresner (Second Plaintiff) Gavin Moss in his capacity as liquidator of Fogo Brazilia Franchise Holdings Pty Ltd (in Liquidation) (ACN 156 541 025) (First Defendant) Representation: Counsel: Mr J Lazarus SC with Mr A Vial (First and Second Plaintiffs) Mr G McNally SC with Mr D Elliott (Defendant )