Chen v Nature’s Care Holdings Pty Ltd [2024] NSWSC 36

Supreme Court New South Wales

Medium Neutral Citation: Chen v Nature's Care Holdings Pty Ltd [2024] NSWSC 36 Hearing dates: 31 January 2024 Decision date: 01 February 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiffs entitled to inspect electronic mailboxes maintained by them when directors of the defendants; undertaking to Court not to assert waiver of privilege noted Catchwords: CORPORATIONS – former directors - inspection of documents – electronic mailboxes maintained by the plaintiffs when they were directors of the defendants – where defendants may be entitled to client legal privilege in relation to documents in the mailboxes EVIDENCE – documentary evidence - electronic mailboxes maintained by former directors – client legal privilege Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Nature's Care Holdings Pty Ltd v Chen [2024] NSWSC 14 State of South Australia v Barrett (1995) 64 SASR 73 Category: Principal judgment Parties: Jina Chen (First Plaintiff) Michael Wu (Second Plaintiff) Nature's Care Holdings Pty Limited (First Defendant) Nature's Care Group Pty Limited (Second Defendant) AJ & Son Investment Pty Limited (Third Defendant) Nature's Care Manufacture Pty Limited (Fourth Defendant) Nature's Care Global Franchising Pty Limited (Fifth Defendant) Representation: Counsel: A Horvath SC with P Afshar and R K Jameson (Plaintiffs) C S Ward SC with I J King (Defendants)