Hawksford v Hawksford; Hawksford v Hawksford [2008] NSWSC 31

New South Wales Supreme Court

CITATION : Hawksford v Hawksford; Hawksford v Hawksford [2008] NSWSC 31

HEARING DATE(S) : 30/05/07

JUDGMENT DATE : 1 February 2008

JURISDICTION : Equity

JUDGMENT OF : White J

DECISION : See paras 45 and 46 of judgment.

CATCHWORDS : PROCEDURE – Discovery and inspection of documents – Grounds for resisting production – Client legal privilege – Whether documents privileged – Dominant purpose for creation of documents – Whether two directors of company each equally entitled to maintain claims for privilege on behalf of company – Director defending claims on behalf of company entitled to maintain claims for privilege on behalf of company – Where retainer of solicitor by company invalid because director who retained services of solicitor on behalf of company acted ultra vires – Whetherbelief that retainer exists sufficient to support privilege – Privilege available where client bona fide believed on reasonable grounds that the solicitor was retained as its solicitor – Held that director with authority to defend proceedings on behalf of company entitled to maintain claim for privilege, on behalf of company, over certain communications with solicitor which were created when company believed retainer existed.CORPORATIONS – Orders previously made for inspection of documents by a director – Supplemental orders made for purpose of making more efficacious the principal orders.

LEGISLATION CITED : Evidence Act 1995 (NSW) Corporations Act 2001 (Cth)

Hawksford v Hawksford [2005] NSWSC 463 Hawksford v Hawksford [2006] NSWSC 1458 Apple Computer Australia Pty Ltd v Wily [2002] NSWSC 855 Grofam Pty Limited v Australia & New Zealand Banking Group Ltd (1993) 45 FCR 445 CASES CITED : Health Insurance Commission v Freeman (1998) 88 FCR 544 Minter v Priest [1929] 1 KB 655 Cromack v Heathcote (1820) 2 Brod & Bing 4; 129 ER 857 Global Funds Management (NSW) Ltd v Rooney (1994) 36 NSWLR 122 Hawksford v Hawksford [2005] NSWSC 1316