Allstate Life Insurance Co & Ors v Australia & New Zealand Banking Group Ltd & Ors [1995] FCA 329

CATCHWORDS PRACTICE AND PROCEDURE - allegations of fraud - whether failure to particularise fraud is an abuse of process PRACTICE AND PROCEDURE - allegations of fraud - reasonable factual basis for allegations - whether sufficient material facts on which to base allegations PRACTICE AND PROCEDURE - whether failure to serve originating process breach of Supreme Court Rules 1970 NSW Pt15 r28 - whether abuse of process PRACTICE AND PROCEDURE - discovery - use of documents - implied undertaking to the Court not to use discovered documents other than for the purposes of the proceedings - use of discovered documents without leave of the Court, by persons originally but no longer parties to the proceedings and seeking to be joined as parties, to draft cross-claim - use of discovered documents without leave of the Court by parties to the proceedings to draft cross claim - whether breach of principle in Harman v Secretary of State for the Home Department - whether use of documents to frame cross-claim is "ulterior or collateral purpose" - discussion of "special circumstances" where leave will be granted Supreme Court Rules 1970 NSW: Pt1 r8; Pt7 r7; Pt11 rr1,2,3,4; Pt15 rr13, 28; Pt16, r2 Federal Court of Australia Act 1976 (Cth): s22 Federal Court Rules: O5 rr1, 2, 8; O6 New South Wales Barristers' Rules 1994 Rust v Barnes [1980] 2 NSWLR 726; referred to Chappell v Coyle [1985] 2 NSWLR 73; referred to Dowling v The Colonial Mutual Life Assurance Society Limited (1915) 20 CLR 509; applied King v Henderson [1898] AC 720; referred to Williams v Spautz (1991-92) 174 CLR 509; referred to Jago v District Court of New South Wales (1989) 186 CLR 23; referred to Day v Victorian Railways Commissioners 52 CLR 713; referred to Walton v Gardiner (1993) 177 CLR 378; referred to Harman v Secretary of State for the Home Department [1983] 1 AC 280; discussed Riddick v Thames Board Mills Ltd [1977] 1 QB 881; discussed Ainsworth v Hanrahan (1991) 25 NSWLR 155; discussed Holpitt Pty Ltd v Varimu Pty Ltd (1991) 29 FCR 576; referred to Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217; discussed Esso Australia Resources Ltd v Plowman High Court Unreported 7 April 1995; applied Wilden Pump & Engineering Company v Fusfeld [1985] FSR 581; referred to Sybron Corporation v Barclays Bank PLC [1985] 1 Ch 299 referred to Complete Technology v Toshiba (Australia) Pty Ltd (1994) 124 ALR 493 discussed Sentry Corporation v Peat Marwick Mitchell & Co (1990) 95 ALR 11 discussed