In the matter of Kala Capital Pty Limited (in liquidation) [2012] NSWSC 721

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Kala Capital Pty Limited (in liquidation) [2012] NSWSC 721 Hearing dates: 25 June 2012 Decision date: 29 June 2012 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Paragraphs 8, 10 and 12 of Notice to Produce dated 18 May 2012 set aside. Interlocutory Process dated 14 June 2012 otherwise dismissed. Parties to be heard as to costs. Catchwords: PRACTICE AND PROCEDURE - Application to set aside notice to produce - Relevance of material sought - Legal professional privilege - Utility in requiring production of documents in circumstances where on their face a proper claim for privilege could be made and access not permitted. Legislation Cited: - Corporations Act 2001 (Cth) ss 530A, 539, 596A - Uniform Civil Procedure Rules 2005 (NSW) r 33.4 Cases Cited: - Pico Holdings Inc v Voss [2002] VSC 269 - Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115 - Re Belinda International Pty Ltd (subject to deed of company arrangement) [2011] NSWSC 1420 Category: Interlocutory applications Parties: Schon Condon in his capacity as Liquidator of Kala Capital Pty Limited (in liquidation) (Applicant) Alfred Kin Chau Lee (Respondent) Representation: Counsel: J.T. Johnson (Applicant) A. Ogborne (Respondent) Solicitors: Carroll & O'Dea (Applicant) Paul Bard Lawyers (Respondent) File Number(s): 11/338044