Federal Court of Australia
JUDGMENT No, 1iL208 9 FY
CATCHWORDS
JURISDICTION - Strike out application - Federal Court original jurisdiction - accrued jurisdiction
PRACTICE AND PROCEDURE - discovery - whether to grant release from implied undertaking not to use discovered documents produced in earlier proceedings - special circumstances justifying a release from, or modification of, the implied undertaking
Federal Court of Australia Act (1976) Cth ss 22, 51
Philip Morris Inc v Adam P Brown Male Fashions Proprietary Limited (1981) 148 CLR 457
Caboolture Park Shopping Centre Pty Ltd (In liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224
McLeish v Faure (1979) 25 ALR 403
Holpitt Pty Ltd v Varimu Pty Ltd & Ors (1991) 29 FCR 576
Crest Homes PLC v Marks [1987] AC 829
Springfield Nominees Pty Limited v Bridgelands Securities Limited (1992) 38 FCR 217
No. WAG 85 of 1994
CAMP CURLEWIS RESORTS PTY LTD, LEONARD FREDRICK FISHER and LESLEY HELEN FISHER v HAMERSLEY IRON PTY LTD, BENWOOD HOLDINGS PTY LTD and PATRICIA HOSKING
BRANSON J. PERTH 21 DEC 1994 20 DECEMBER 1994 FEDERAL COURT OF
AUSTRALIA
PRINCIPAL, REGISTAY
Pre
IN THE FEDERAL COURT OF AUSTRALIA ) )
WESTERN AUSTRALIA DISTRICT REGISTRY) No. WAG 85 of 1994 ) )
GENERAL DIVISTON
BETWEEN:
CAMP _CURLEWIS RESORTS PTY LTD, LEONARD FREDRICK
FISHER and LESLEY HELEN FISHER Applicants - and - HAMERSLEY IRON PTY LTD First Respondent
- and -
BENWOOD HOLDINGS PTY LTD and PATRICIA HOSKING
Second Respondents
REASONS FOR JUDGMENT
CORAM: Branson J. PLACE: Perth DATE: 20 December 1994
The Court has before it an application and a motion to strike out the application on the ground that it does not raise a
matter which is within the original jurisdiction of the Court.
By the application the applicants claim:-
"A declaration that the Applicants are free, in and for the purposes of Supreme Court Action No. CIV 1024 of 1994, entitled Leonard Frederick Fisher & Anor v Patricia Hosking & Anor ("the defamation action"), but not further or otherwise without the leave of Court, to use, disclose and refer to information disclosed on inspection of the documents discovered by the Respondent in action numbered WAG 7 of 1992 and, in particular, a letter from Mrs
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