In the matter of Atlas Construction Group Pty Limited (in liquidation) [2019] NSWSC 1656

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Atlas Construction Group Pty Limited (in liquidation) [2019] NSWSC 1656 Hearing dates: 18 November 2019 Decision date: 18 November 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Claim for privilege not upheld. Catchwords: EVIDENCE — Privilege — Client legal privilege — Claim of privilege by directors of a company against its liquidator — Solicitors initially proposed to be retained by company — Retainer later in name of directors personally — Subject-matter of advice relevant to company's affairs — Fees paid by company in part — Solicitors in fact retained by company, either alone or jointly with directors — Privilege not maintainable against liquidator. Legislation Cited: Evidence Act 1995 (NSW), s 75 Cases Cited: Equititrust Limited (in liquidation) (receiver appointed) (receivers and managers appointed) (in its capacity as responsible entity of the Equititrust Income Fund) v Equititrust Limited (in liquidation) (receivers appointed) (receivers and managers appointed) (in its own capacity) (No 3) (2016) 341 ALR 301; [2016] FCA 738 Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (2017) 94 NSWLR 606; [2017] NSWCA 53 Hellenic Mutual War Risks Association (Bermuda) Limited v Harrison (The "Sagheera") [1997] 1 Lloyd's Rep 160 In the matter of Resource Group Services Pty Ltd (in liquidation) [2018] NSWSC 203 Category: Procedural and other rulings Parties: Atlas Construction Group Pty Limited (in liquidation) (Plaintiff) Robert Yazbeck / Scott Sweeney (Examinees) Representation: Counsel: Mr D Krochmalik / Ms B McMahon / Ms E Ferris (Plaintiff) Mr D Weinberger / Mr P Hegarty (Examinees)