In the matter of Lorie Najjar & Sons Pty Limited (in liquidation) (No 5) [2013] NSWSC 1336

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Lorie Najjar & Sons Pty Limited (in liquidation) (No 5) [2013] NSWSC 1336 Hearing dates: 7-8, 12 March 2013; 30 April 2013, 16 May 2013 Decision date: 12 March 2013 Jurisdiction: Equity Division - Corporations List Before: Black J Decision: Orders to be made for funding agreement to be made available for inspection under a notice to produce. Catchwords: PROCEDURE - legal professional privilege - application for notice to produce to be set aside on the basis that production would disclose privileged information - whether litigation funding agreement is properly the subject of a claim for legal professional privilege under s 199 Evidence Act 1995 (NSW) - whether funding agreement was prepared for the dominant purpose of the client being provided with professional legal services - whether funding agreement was intended to be confidential - whether funding agreement was necessary for the continuing conduct of proceedings - whether funding agreement discloses anything as to the strategy of the litigation or the legal advice likely to be offered. EVIDENCE - admissibility and relevancy - whether funding agreement called for under notice to produce will inform the Court's discretion whether to stay winding up. Legislation Cited: - Evidence Act 1995 (NSW) ss 119, 121(3) - Uniform Civil Procedure Rules 2005 (NSW) r 1.9 Cases Cited: - Apple Computer Australia v Wily [2002] NSWSC 855 - Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (No 2) [2009] FCA 449; (2009) 180 FCR 1; (2009) 256 ALR 416 - CSR Ltd v Eddy [2008] NSWCA 83; (2008) 70 NSWLR 725 - Cook v Pasminco Ltd (No 2) [2000] FCR 1819; (2000) 107 FCR 44 - Green as Liquidator of Arimco Mining Pty Ltd v CGU [2008] NSWSC 390 - Marshall v Prescott (No 4) [2012] NSWSC 992 - Portal Software International v Bodsworth [2005] NSWSC 1115 - Re Allebart Pty Ltd (in liq); Re Home Holdings Pty Ltd (in liq) [1971] 1 NSWLR 24 - Re Bauhaus Pyrmont Pty Ltd (in liq) [2006] NSWSC 543 - Re Global Medical Imaging Management Ltd (in liq) [2001] NSWSC 476 - Rickard Constructions Pty Ltd v Rickard Halles Moretti Pty Limited [2006] NSWSC 234 - Westpac Banking Corporation v 789 Ten Pty Ltd [2005] NSWCA 321; (2005) 55 ACSR 519 Texts Cited: - Austin & Black's Annotations to the Corporations Act [5.473], [5.503] Category: Interlocutory applications Parties: Lorie Najjar & Sons Pty Limited (in liq) (First Plaintiff) Peter Paul Krejci in his capacity as Liquidator of Lorie Najjar & Sons Pty Limited (Second Plaintiff) Najwa Najjar (Defendant) Representation: Counsel: G.T.W. Miller QC/T. To (Plaintiffs) M. Sahade (Defendant) D.C. Eardley (Grenstar Pty Limited, Robert Najjar, Salam Najjar) (7 and 8 March) J.D. Grew (Grenstar Pty Limited, Robert Najjar, Salam Najjar) (12 March) Solicitors: Colin Biggers & Paisley (Plaintiffs) Pateman Lawyers (Defendant) Downeys Lawyers (Grenstar Pty Limited, Robert Najjar, Salam Najjar) File Number(s): 2010/158193