Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CGU Insurance Ltd v Malaysia International Shipping Corp Berhad [2001] FCA 681
PRACTICE and PROCEDURE – preliminary discovery – application to vary order for preliminary discovery – issue of Notice to Produce – whether documents should be produced under Notice to Produce where some documents are the subject of the application to rescind the discovery order Federal Court Rules Orders 15A, 33 and 35 Malouf v Malouf (1999)167 ALR 383 Potts v Dennis Jones & Co Pty Ltd (1995) 17 ACSR 770 CCA Beverages (Adelaide) Limited v Hansford (O'Loughlin J, FCA, unreported 15 November 1991) CGU INSURANCE LIMITED AND ZURICH AUSTRALIA INSURANCE LIMITED, ROYAL AND SUN ALLIANCE AUSTRALIA INSURANCE LIMITED, CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED, AMERICAN HOME ASSURANCE COMPANY, CERTAIN UNDERWRITERS AT LLOYDS AND PHREAR RUGS PTY LIMITED v MALAYSIA INTERNATIONAL SHIPPING CORPORATION BERHAD N 1266 OF 2000 TAMBERLIN J SYDNEY 7 JUNE 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1266 OF 2000
IN ADMIRALTY
BETWEEN: CGU INSURANCE LIMITED AND
ZURICH AUSTRALIA INSURANCE LIMITED
FIRST PLAINTIFFS
ROYAL AND SUN ALLIANCE AUSTRALIA INSURANCE LIMITED
SECOND PLAINTIFF
CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED THIRD PLAINTIFF
AMERICAN HOME ASSURANCE COMPANY
FOURTH PLAINTIFF
CERTAIN UNDERWRITERS AT LLOYDS
FIFTH PLAINTIFF
PHREAR RUGS PTY LIMITED
SIXTH PLAINTIFF
AND: MALAYSIA INTERNATIONAL SHIPPING
CORPORATION BERHAD
DEFENDANT
JUDGE: TAMBERLIN J
DATE OF ORDER: 7 JUNE 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The documents referred to in paragraph 4 of the Notice to Produce need not be produced. 2. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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