Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2002] FCA 1359

FEDERAL COURT OF AUSTRALIA

Gambro Pty Ltd v Fresenius Medical Care Australia Pty Ltd [2002] FCA 1359 PRACTICE AND PROCEDURE – Application seeking stay of cross-claim for revocation – previous orders that respondent take all reasonable steps to obtain documents from overseas parent company and related entities – overseas parent company and related entities refused request made by respondent – reliance placed on The Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters – corporate veil – whether respondent took all reasonable steps to obtain documents – whether appropriate to grant stay of cross-claim for revocation – splitting determination of liability – appropriate for Court to deal with all claims concurrently

Federal Court of Australia Act 1976 (Cth) s 23 Foreign Evidence Act 1994 (Cth) s 7 Sabre Corporation Pty Ltd v Russ Kalvin's Hair Care Company (1993) 46 FCR 428 referred to Arhill Pty Ltd v General Terminal Co Pty Ltd (1990) 23 NSWLR 545 referred to Aetna Pacific Securities Ltd v Hong Kong Bank of Australia Ltd (unreported, Supreme Court of New South Wales, Giles J, 29 April 1993) referred to Kimberly-Clark Australia Pty Ltd v Arico Trading International Pty Ltd (2001) 207 CLR 1 discussed Unilever Plc v Chefaro Proprietaries Ltd [1994] FSR 135 discussed Kimberly-Clark Australia Ltd v Carter Holt Harvey Tissue Australia Ltd (1997) 37 IPR 293 referred to Lonrho Ltd v Shell Petroleum Co Ltd [1980] 1 WLR 627 cited Douglas-Hill v Parke Davis Pty Ltd (1990) 54 SASR 346 cited Afros SpA v Krauss-Maffei Corporation 113 F.R.D. 127 (D. Del. 1986) referred to Cooper Industries Inc v British Aerospace Inc 102 F.R.D. 918 (1984) referred to Elna Australia Pty Ltd v International Computers (Aust) Pty Ltd (1987) 14 FCR 461 cited In re Grand Jury 81-2, 550 F. Supp. 24 (1982) discussed Krupp Mak Maschinebau GMBH v Deutsche Bank AG 22 ILM 740 (1983) discussed