Scott Darren Pascoe in his capacity as liquidator of Charter Workforce Pty Ltd (In Liq) & Anor v Divisional Security Group Pty Ltd & Ors [2007] NSWSC 211

Reported Decision : 61 ACSR 381

New South Wales Supreme Court

CITATION : Scott Darren Pascoe in his capacity as liquidator of Charter Workforce Pty Ltd (In Liq) & Anor v Divisional Security Group Pty Ltd & Ors [2007] NSWSC 211

HEARING DATE(S) : 27/11/06

JUDGMENT DATE : 14 March 2007

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : White J

DECISION : See paragraph 53 of judgment.

CATCHWORDS : PRACTICE AND PROCEDURE – Privilege – Privilege against self-exposure to a penalty – Production and inspection – Pleadings – Evidence – Whether privilege available in proceedings for compensation orders under a civil penalty provision – Whether defendant can rely on privilege to avoid filing and serving a defence, or filing a defence not verified by affidavit and without certificate required under s 347 of Legal Profession Act 2004 (NSW) – Whether defendant can rely on privilege to avoid giving discovery, producing documents for inspection or filing or serving evidence in proceedings until after close of the plaintiffs' case – Whether a corporation can rely on privilege to avoid giving evidence which would tend to expose a natural person to a penalty – Where prospect of penalty arises from no more than a possibility of future proceedings – Considered (CTH) Corporations Act 2001, ss 588G(2), 588M(2), 1317E(1)(e), 1317F, 1317G, 1317H, 1317HA, 1317J(2) and 1317J(4) – Held that privilege not available. - PRACTICE AND PROCEDURE – Application for stay until further and better particulars provided by plaintiff – Application to strike out plaintiffs' statement of claim – Applications refused – No question of principle.

Corporations Act 2001 (Cth) LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) Legal Profession Act 2004 (NSW)