Western Australian Government Holdings Ltd & Ors v Southern Equities Corporation Ltd & Ors; The State of Western Australia v Southern Equities Corporation Ltd & Ors (P12-93

This matter came before the High Court of Australia on applications for special leave to appeal. The applicants included Western Australian Government Holdings Limited, the State of Western Australia, and the State Energy Commission of Western Australia. They were seeking leave to appeal against decisions concerning Southern Equities Corporation Limited and others, who were acting as scheme administrators.

The core legal issue before the Court was whether certain evidence, specifically an affidavit sworn by a Mr Beckwith, was subject to privilege. This affidavit had been subpoenaed during proceedings before a royal commission, and Mr Siopis, the solicitor responsible for its preparation and who acted for the respondent in these proceedings, had claimed privilege over it. The applicants sought to rely on this evidence, which they contended was crucial to the matter.

The applicants' submissions, as outlined by Mr Sher QC, were supported by a recent unreported decision of the Supreme Court of Victoria, which they argued was directly on point. The applicants highlighted specific evidence from Mr Siopis, found at page 64 of the application book, as the primary factual basis for their argument. This evidence related to Mr Siopis's role as solicitor and his actions in claiming privilege over the affidavit of Mr Beckwith, who had since died. The applicants' position was that the privilege claimed was not validly asserted in the circumstances.