Recent Cases

Caratti v Harris & Kirman as Joint Liquidators of GH1 Pty Ltd [2019] FCAFC 124 (02 August 2019) (Kerr, Steward and Banks-Smith JJ)


Catchwords:


CORPORATIONS – interpleader proceeding under Part 18 of the Federal Court Rules 2011 (Cth) – appeal from orders allowing delivery up of hard drives storing electronic copies of books and records to respondent companies – where hard drives contain copies of documents seized under search warrant executed by the Australian Federal Police – where appellant obtained hard drives following request to Australian Federal Police – where appellant a director or shadow director of respondent companies – where copies included copies of books and records of the companies – whether request to Australian Federal Police made by appellant solely in personal capacity – whether appellant established claim of legal professional privilege over all documents requested – whether appellant obliged to deliver documents to liquidators of companies under s 530A of the Corporations Act 2001 (Cth) – whether copies of seized documents comprise books that relate to the companies under s 530A – whether appellant entitled to retain exclusive possession of hard drives and electronic copies as against the companies and liquidators