In the matter of Shinji Pty Ltd [2021] NSWSC 995

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Shinji Pty Ltd [2021] NSWSC 995 Hearing dates: 24 May 2021 Date of orders: 9 August 2021 Decision date: 09 August 2021 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See orders at [84]. Catchwords: Client legal privilege – no issue of principle. Legislation Cited: Corporations Act 2001 (Cth), ss 461(1)(k), 471B, 530B, Part 5.7B, Division 2 Evidence Act 1995 (NSW), s 118 Cases Cited: Cook v Pasminco (No. 2) (2000) 107 FCR 44; [2000] FCA 1819 Grant v Downs (1976) 135 CLR 674 Hancock v Rinehart [2016] NSWSC 12 Hancock v Rinehart [2017] NSWSC 530 In the matter of Optimisation Australia Pty Ltd [2016] NSWSC 1581 Category: Procedural rulings Parties: Simon John Cathro (in his capacity as liquidator of Shinji Pty Ltd (in liq) (ACN 070 125 263) (Applicant) Mariko Imaeda (First Respondent) Shinji Imaeda (Second Respondent) Masaaki Enterprises Pty Ltd (Third Respondent) Representation: Counsel: Mr M Condon SC with Mr M Noakhtar (Applicant) Mr S Golledge SC (Respondents)

Solicitors: Wendy Blacker Lawyers (Applicant) Foulsham & Geddes (Respondents) File Number(s): 2020/307578 Publication restriction: N/A

Judgment

Introduction 1. The plaintiff in these proceedings, Mr Simon Cathro, is the liquidator of Shinji Pty Limited (in liq) (ACN 070 125 263) (the Company). 2. Mr Jacob Carswell-Doherty, who is a solicitor and the principal of the firm Foulsham & Geddes, produced documents pursuant to an order for production made by the Court on 26 November 2020 in connection with examinations to be conducted by the liquidator. Mr Carsell-Doherty claimed that some of those documents were the subject of client legal privilege, but did not provide any information about the basis of the claim or the identity of the persons or entities said to be entitled to the privilege. 3. In subsequent correspondence, Mr Carswell-Doherty identified Ms Mariko Imaeda, Mr Shinji Imaeda and Masaaki Enterprises Pty Ltd as the privilege claimants. Those persons and entities are the respondents to the liquidator's amended interlocutory process filed on 6 April 2021 seeking an order granting him access to the documents produced by Mr Carswell-Doherty. 4. Ultimately, the respondents maintained the privilege claim in relation to the 28 documents referred to in items 1, 1A, 2-4, 6-15, 17-26, 28, 30, and 32 in Annexure A to these reasons, which is a copy of a list prepared by the respondents and marked for identification during the hearing of the liquidator's interlocutory process. 5. For the reasons that follow, the respondents have failed to establish client legal privilege in respect of the 28 documents in issue.