Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lehman Brothers Australia Limited v Wingecarribee Shire Council [2009] FCAFC 63
PRACTICE AND PROCEDURE – appeal from decision to order appellant to produce insurance documents under s 23 of the Federal Court of Australia Act 1976 (Cth) and the Court's implied power – whether circumstances gave rise to abuse of process or frustration of the Court' processes – steps taken pursuant to a Commonwealth statute will not generally be an abuse of process – necessary to establish link between conduct and feared deleterious impact upon proceedings – also necessary to establish that the remedy is a solution to the claimed abuse of process – appeal allowed. Corporations Act 2001 (Cth), ss 435C, 437A, 437D, 438A, 439A, 440D, 562 Federal Court of Australia Act 1976 (Cth), s 23 Law Reform (Miscellaneous Provisions Act) 1946 (NSW), s 6 Re A J Benjamin Ltd (in liq) [1969] 2 NSWR 374 referred to Batistatos v Roads and Traffic Authority of New South Wales (2006) 226 CLR 256 referred to Beneficial Finance Corporation Limited v Price Waterhouse (1996) 68 SASR 19 distinguished House v The King (1936) 55 CLR 499 applied Jackson v Sterling Industries Limited (1987) 162 CLR 612 referred to Lopez v Star World Enterprises Pty Ltd (1997) FCA 454 distinguished Meehan v Stockmans Australian Cafe (Holdings) Pty Ltd (1996) 22 ACSL 123 referred to Radiancy (Sales) Pty Limited v Bimat Pty Limited (2007) 25 ACLC 1,216 referred to Re Sydney Formwork Pty Ltd [1965] NSWR 646 referred to Wingecarribee Shire Council v Lehman Bros Australia Ltd [2009] FCA 503 referred to LEHMAN BROTHERS AUSTRALIA LIMITED v WINGECARRIBEE SHIRE COUNCIL
NSD 457 of 2009
JACOBSON, MIDDLETON AND PERRAM JJ
26 MAY 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 457 of 2009
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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