In the matter of Alora Davies Developments 104 Pty Ltd (in liquidation) [2024] NSWSC 421

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Alora Davies Developments 104 Pty Ltd (in liquidation) [2024] NSWSC 421 Hearing dates: 8 April 2024 Date of orders: 8 April 2024 Decision date: 08 April 2024 Jurisdiction: Equity - Corporations List Before: McGrath J Decision: Order for production of privileged document refused. Catchwords: EVIDENCE — documentary evidence — legal professional privilege — fraud or other illegal purpose exception — application of s 125 of the Evidence Act — whether the relevant document was produced in furtherance of a deliberate abuse of power — where no direct evidence of improper purpose or motive Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Attorney-General (NT) v Kearney (1985) 158 CLR 500 Australian Securities and Investments Commission v Tzouvelis [2023] FCA 431 AWB Ltd v Cole (No 5) (2006) 155 FCR 30 Idoport Pty Ltd v National Australia Bank Limited [2001] NSWSC 222 John Fairfax Publications Pty Ltd v Abernethy [1999] NSWSC 826 Van Der Lee v New South Wales [2002] NSWCA 286 Category: Principal judgment Parties: Alora Davies Developments 104 (in liquidation) (First Plaintiff) Henry McKenna in his capacity as liquidator of Alora Davies Developments 104 Pty Ltd (in liquidation) (Second Plaintiff) David Raphael (First Defendant) Priscilla Raphael (Second Defendant) Representation: Counsel: M R Davis (Plaintiffs) I J King (Defendants)