In the matter of Resource Group Services Pty Limited (in liquidation) [2018] NSWSC 203

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Resource Group Services Pty Limited (in liquidation) [2018] NSWSC 203 Hearing dates: 13 February 2018 Decision date: 13 February 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Application by company director that liquidator not be granted access to documents produced in response to an order to produce is dismissed. Liquidator of the company granted immediate access to all documents produced in response to the order for production. Director of the company ordered to pay the costs of and incidental to that application. Catchwords: PRACTICE AND PROCEDURE – legal professional privilege – application to prevent liquidator accessing documents produced in response to an order to produce – where director claimed that he and company jointly obtained legal advice or had common interest privilege – whether director can rely on legal professional privilege to prevent company accessing advice. Legislation Cited: - Corporations Act 2001 (Cth) ss 596A, 596B - Evidence Act 1995 (NSW) ss 118, 136 Cases Cited: - Equititrust Ltd (in liq) (rec apptd) [2016] FCA 738 - Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 - Pioneer Concrete (NSW) Pty Ltd v Webb (1995) 18 ACSR 418 - Sharpe v Grobbel [2017] NSWSC 1065 Category: Procedural and other rulings Parties: Angus Carnegie Gordon in his capacity as liquidator of Resource Group Services Pty Limited (in liquidation) (Plaintiff/Respondent) Resource Group Services Pty Limited (in liquidation) (Defendant) Michael Melville McPhee (Applicant) Representation: Counsel: G D McDonald (Applicant) T Orlizki (Solicitor – Plaintiff/Respondent)