Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (No 2)

The case of Brookfield Multiplex Ltd v International Litigation Funding Partners Pte Ltd (No 2) involved Brookfield Multiplex Ltd, the plaintiff, and International Litigation Funding Partners Pte Ltd, the defendant. The dispute arose from an application for discovery of documents, specifically communications from Maurice Blackburn, a law firm, to registrants regarding both a retainer agreement and a funding agreement. The case was heard in the Federal Court of Australia.

The central legal issue before the court was whether the plaintiff was entitled to discover certain communications from the law firm Maurice Blackburn to the registrants. These communications pertained to the terms of the retainer agreement and the funding agreement, with specific exclusions regarding the amount of funding provided and any advice given about the agreements or related proceedings. The plaintiff sought these documents to better understand the agreements and the nature of the claims against them.

The court ruled in favour of the plaintiff, ordering the defendant to produce specific documents for inspection. The court determined that the plaintiff was entitled to discover communications that specified, paraphrased, or summarised the un-redacted portions of the agreements, but not those that disclosed the amount of funding or constituted legal advice. The court provided detailed instructions on which parts of the documents were to be produced, excluding certain sensitive information as specified in the order. The final order also reserved the matter of costs, indicating that no decision on costs was made at that time.