In 2014, Forge Group Construction Pty (Forge) went into liquidation. Receivers were also appointed. The Forge insolvency has already been the subject of litigation in the Australian courts in respect of certain Australian PPSA issues (see our previous summary here).
This most recent Forge case deals with Australian law issues of disclosure and claims of privilege. On application of the liquidators, examination orders were made to examine officials from Samsung C&T and Forge (collectively, the Applicants). The Applicants in turn sought disclosure of documents and correspondence passed between the liquidators and receivers regarding the examination application. The receivers claimed that those documents were privileged.
In Re Forge Group Construction Pty Ltd (in liq) (Receivers and Managers appointed); ex parte Jones [No 2]  WASC 87, Tottle J held that the documents given by the receivers' solicitors to the liquidators were privileged. In particular, the relationship between the liquidators and the receivers was such that the privilege in the documents had not been waived when the documents were sent by the receivers to the liquidators. The documents were subject to common interest privilege.
See Court decision here.