KC & Ors v Shiley Inc & Anor [1997] FCA 650

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - application for further and better particulars - where allegations of fraud, deceit and deliberate misconduct - where application made at a very late stage of the interlocutory proceedings - whether particulars are adequate - whether respondents must be taken to be aware of the nature of the case being made - whether dates for filing witness statements should be extended PRACTICE AND PROCEDURE - anti-suit injunction - application for restraining order to prevent applicants seeking orders of United States District Court in relation to discovery of documents and deposition of witnesses - where United States District Court had previously granted a conditional stay of proceedings and retained jurisdiction in relation to those conditions - whether application would interfere with the proper exercise of jurisdiction of Federal Court - whether taking of depositions might unreasonably annoy, embarrass or oppress any deponent or party PRACTICE AND PROCEDURE - application to have overseas witnesses available to give evidence at the trial - where no specific application - application for a list of witnesses whom respondents intend to call - whether request reasonable - application for order restraining destruction of documents - responsibility of legal advisers to preserve documents which may have to be disclosed for legal proceedings PRIVATE INTERNATIONAL LAW - choice of law - application to have choice of law determined as a preliminary issue - whether determination of choice of law will narrow the ambit and duration of the hearing Federal Court Rules, O 12, rr 3, 5 Banque Commerciale SA (en liquidation) v Akhil Holdings Ltd (1990) 169 CLR 279, cited Astrovlanis Compania Naviera SA v Linard [1972] 2 QB 611, cited Rocklea Spinning Mills Pty Ltd v Anti-Dumping Authority (1995) 56 FCR 406, distinguished Tilling v Whiteman [1980] AC 1, distinguished Stangvik v Shiley Inc (1991) 54 Cal 3d 744, cited Stangvik v Shiley Inc (1990) 273 Cal Rptr 179, cited National Mutual Holdings Pty Ltd v Sentry Corporation (1989) 22 FCR 209, distinguished Allstate Life Insurance Co v Australian and New Zealand Banking Group Ltd (No 4) (1996) 64 FCR 61, distinguished South Carolina Insurance Co v Assurantie Maatschappij "De Zevern Provincien" NV [1987] AC 24, cited