International Law

In  Areva Nc (Australia) Pty Ltd -V- Summit Resources (Australia) Pty Ltd [No 2]  [2008] WASC 10, the Supreme Court of Western Australia dealt with the issue whether a draft incomplete statement taken from a witness by a former solicitor for a company but which was never signed or provided to the company is part of the "books" of the company.

Whilst it was clear that the draft or drafts of the statements of the evidence to be given are 'books', in this case, the critical question was whether they are the books of the company.

Section 247A of the Corporations Act empowers the court to make an order authorising the inspection of 'books of' a company. The word 'books' is given an expansive definition by s 9  of that Act, and includes:

(a) a register; and

(b) any other record of information; and

(c) financial reports or financial records, however compiled, recorded or stored; and

(d) a document.

The Court concluded that the draft or drafts of the statements of the evidence prepared by the company's solicitor at a time when he was acting for and on behalf of the company in relation to the relevant litigation are the property of and belong to the company, and are therefore 'books of' the company for the purposes of s 247A of the Corporations Act.