Hammond v Quayeyeware Pty Ltd

This case was brought by Ms Hammond, a director of Quayeyeware Pty Ltd (Quay), against Quay and Mr Dean, the majority shareholder and managing director. Ms Hammond sought access to certain documents, including privileged legal advice, invoices, and retainer agreements, to assist her in a dispute between her and the majority shareholders of Quay. The court had to decide whether Ms Hammond was entitled to access the company's financial records and privileged documents under the statutory and general law rights of access and whether these rights abrogated the company's claim to maintain privilege against her.

The court held that Ms Hammond was not entitled to access the privileged documents because the statutory and general law rights of access did not abrogate the company's claim to maintain privilege against her. The court held that the privileged status of the documents must be determined at the time they were created, and that the relationship between the parties at that time was adversarial. The court also held that the company was entitled to rely on its privilege, as Ms Hammond was no longer a director and therefore had no rights of access or role as a director. The court found that the privileged communications in question were advice or requests for advice related to legal proceedings between Ms Hammond and the company, and that the company was entitled to maintain privilege against her.

The court made an order allowing Ms Hammond access to certain non-privileged documents, including invoices, retainer agreements, and receipts relating to the company's engagement of lawyers and counsel for the purpose of the proceedings. The court also ordered the parties to confer as to the proposed terms of a regime for the purpose of identifying privilege claims maintained by the company against Ms Hammond. The question of costs was reserved for agreement or further hearing.