First Netcom Pty Ltd v Telstra Corporation Ltd [2000] FCA 1542

FEDERAL COURT OF AUSTRALIA

First Netcom Pty Ltd v Telstra Corporation Ltd [2000] FCA 1542 PRACTICE & PROCEDURE – application for leave to use affidavits filed but not read in the proceedings in proceedings in another court – whether material relevant to other proceedings CORPORATIONS LAW – company under administration – stay of proceedings – whether application for leave to use documents filed with the Court a 'proceeding against' the company under s 440D of the Corporations Law Corporations Law ss 440A(2), 440D

Allstate Life Insurance Co v ANZ Banking Group (1995) 57 FCR 360 referred to Re Wakim; Ex parte McNally (1999) 198 CLR 511 referred to FIRST NETCOM PTY LIMITED v TELSTRA CORPORATION LIMITED N 543 OF 2000 EMMETT J 20 OCTOBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 543 OF 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: FIRST NETCOM PTY LIMITED

APPELLANT

AND: TELSTRA CORPORATION LIMITED

RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 20 OCTOBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Telstra Corporation Limited be granted leave to use in proceeding No 3760 of 2000 in the Supreme Court of New South Wales paragraphs 1, 2 and 3 of the affidavit of Peter Bruce Raupach sworn 11 September 2000 and paragraphs 2(ii) and (iii) and annexures B and C of the affidavit of Peter Bruce Raupach sworn 13 September 2000, such uses to be limited to reliance on the information contained in those paragraphs for the purposes of: (a) cross-examination; (b) preparation of notice to produce; (c) tendering against First Netcom Pty Limited; and (c) reading as affidavits in that proceeding.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.