In the matter of Creditors Trust Deed Established in the Administration of Bevillesta Pty Ltd [2011] NSWSC 1419

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Creditors Trust Deed Established in the Administration of Bevillesta Pty Ltd [2011] NSWSC 1419 Hearing dates: 21 November 2011 Decision date: 25 November 2011 Jurisdiction: Equity Division - Corporations List Before: Ball J Decision: (1) The plaintiff be denied access to the documents contained in packets N-1 and N-2 produced in response to the plaintiff's notice to produce returnable on 25 October 2011. (2) The plaintiff pay the first defendants' costs of the application for access. (3) There be no order for costs in relation to the second defendant's costs. Catchwords: PROCEDURE - civil - privilege - common interest privilege - communication between administrators' lawyers and former lawyers of company in administration relating to litigation brought by plaintiff against company- anticipated proceedings by plaintiff if its proof of debt rejected - raise same issues - administrators and company have common interest in relation to proceedings Legislation Cited: Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Cases Cited: Meteyard v Love [2005] NSWCA 444; (2005) 65 NSWLR 36 Rickard Constructions Pty Ltd v Rickard Hails Moretti Pty Limited [2006] NSWSC 234 Telstra Corporation Ltd v Australis Media Holdings (1997) 41 NSWLR 147 Category: Procedural and other rulings Parties: Ronnat Pty Ltd (ACN 114 482 290) (Plaintiff) Peter Krejci and Martin Green (as Trustees of the Creditors Trust established in the administration of Bevillesta Pty Ltd) (First Defendants) Top Ryde Funding Pty Ltd (ACN 149 816 697) (Second Defendant) Representation: Ms S Haddad (Plaintiff) Mr D J Hand (First Defendants) Ms K Forrester (Second Defendant) Spinks Eagle Lawyers (Plaintiff) Bridges Lawyers (First Defendants) Middletons (Second Defendant) File Number(s): 2011/310040