EOFY Sale · Save up to $750 off your legals · Ends 30 June

Claim offer
Selected cases

Supreme Court of New South Wales · [2026] NSWSC 652

Loewenthal v Universal Music Publishing

A NSW Supreme Court case about a member's request to inspect company books, proper purpose and confidential commercial records.

Supreme Court of New South Wales5 June 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

Get legal help

Start here

Quick read

  • Members and shareholders do not get open-ended access to company books just because a dispute exists.
  • A NSW Supreme Court case about a member's request to inspect company books, proper purpose and confidential commercial records.

Use this to check

  • A company-books request needs good faith and a proper purpose.
  • Inspection is usually narrower than discovery in litigation.
  • Confidential and commercially sensitive documents can affect whether inspection is ordered.

Decision snapshot

  1. 1

    What happened

    • Johan Loewenthal was in a dispute with Universal Music Publishing about a publishing agreement and rights in musical compositions.
    • In that context, he sought access to APRA and AMCOS meeting minutes under s 247A of the Corporations Act.
    • The application was framed around minutes and records said to be relevant to the separate proceedings about the publishing agreement.
    • APRA and AMCOS opposed inspection, including because the requested material was confidential and commercially sensitive.
  2. 2

    What the court had to decide

    • The Court considered whether the applicant should be allowed to inspect company books under s 247A of the Corporations Act, including whether the inspection was sought in good faith and for a proper purpose and how confidentiality concerns affected the request.
  3. 3

    What the court decided

    • The NSW Supreme Court dismissed the application to inspect documents.
    • The Court held that the applicant had not shown a proper purpose for the inspection and that the documents sought were confidential and commercially sensitive.

Practical impact

Practical read

  • Members and shareholders do not get open-ended access to company books just because a dispute exists.
  • Inspection requests need a proper purpose, a tight document scope and a plan for handling confidential commercial information.

Useful next steps

  • A company-books request needs good faith and a proper purpose.
  • Inspection is usually narrower than discovery in litigation.
  • Confidential and commercially sensitive documents can affect whether inspection is ordered.
  • Businesses should respond with evidence about scope, purpose and confidentiality rather than broad objections only.
  • Ask the applicant to identify the purpose and documents sought with precision.

Practical read

This case is useful for founders, members and creative businesses because it shows the line between a real company-books request and a fishing exercise. Section 247A can be powerful, but the applicant still has to show good faith and a proper purpose.

The Court dismissed the inspection application. It was not enough that the applicant had a broader dispute with a third party and hoped meeting minutes might help. The Court treated the purpose and scope of the request as central, and also accepted that the documents sought were confidential and commercially sensitive.

For businesses receiving a books-inspection request, the response should be careful rather than reflexively hostile. Identify the applicant's capacity, ask what purpose is being advanced, assess whether the documents requested match that purpose, and consider confidentiality protections if inspection is ordered.

Checks to run

Key points

  • Ask the applicant to identify the purpose and documents sought with precision.
  • Separate member inspection rights from ordinary litigation discovery.
  • Identify confidential, commercially sensitive or third-party information before responding.
  • Keep board minutes and records professional, structured and easy to review.
  • Get legal help if the request is connected with a wider commercial dispute.

Key takeaways

  • A company-books request needs good faith and a proper purpose.
  • Inspection is usually narrower than discovery in litigation.
  • Confidential and commercially sensitive documents can affect whether inspection is ordered.
  • Businesses should respond with evidence about scope, purpose and confidentiality rather than broad objections only.

Related topics

Companies & StartupsIP & Brand Protection

How Sprintlaw can help

Shareholders AgreementContract Review