Kanjian v Kanjian (No 2)

[2021] NSWSC 14

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Civil Procedure
1. application to set aside notices to produce by court appointed receivers authorised to defend certain proceedings

On a court-appointed receiver's remuneration determination, the inquiry focuses on whether work was reasonably undertaken having regard to the object and scope of the receiver's appointment, not on whether the receiver's substantive decisions (such as to defend proceedings) were right or wrong; broader challenges to a receiver's conduct are more appropriately pursued under s 423 of the Corporations Act 2001 (Cth).
Mere reference in an affidavit to the fact of having obtained legal advice, without disclosing the substance, gist or conclusions of that advice, does not amount to waiver of legal professional privilege, even where the deponent states the advice informed their decisions — the privilege holder must directly or indirectly put the contents of the communication in issue for waiver to arise.
A notice to produce that identifies documents by reference to the subject matter of legal advice linked to particular dates and events sufficiently specifies the documents for the purposes of UCPR r 34.1, going beyond a mere general reference to legal advice.