ThoughtWeb Systems Pty Limited v Loughnan (No. 2) [2006] FCA 432

FEDERAL COURT OF AUSTRALIA

ThoughtWeb Systems Pty Limited v Loughnan (No. 2) [2006] FCA 432

CONTEMPT OF COURT – implied undertaking in relation to documents produced in proceedings – where respondents sought to use documents against applicant company in proposed winding up application – whether release from undertaking appropriate – whether special circumstances – whether winding up application an abuse of process. Corporations Act 2001 (Cth) s 459 Federal Court Rules O 15 r 18 Harman v Secretary of State for the Home Department [1983] 1 AC 280, applied EMI Resources Ltd v Spillane (1986) 1 WLR 967, cited Re Addstone Pty Ltd (in liq); Ex parte Macks (1998) 30 ACSR 162, referred to Moage Limited (in liq) v Jagelman (2002) 43 ACSR 173, applied Esso Australia Resources Limited v Plowman (1995) 183 CLR 10, referred to Halcon International Inc v Shell Transport & Trading Co. [1979] RPC 97, referred to Minister for Education v Bailey (2000) 23 WAR 149, considered Springfield Nominees Pty Limited v Bridgelands Securities Limited (1992) 38 FCR 217, applied Australian Securities and Investment Commission v Marshall Bell Hawkins Limited [2003] FCA 833, referred to Wilson Market Research Pty Ltd and the Corporations Law; Roy Morgan Research Centre Pty Ltd v Wilson Market Research Pty Ltd (1996) 39 NSWLR 311, applied THOUGHTWEB SYSTEMS PTY LIMITED and THOUGHTWEB PTY LIMITED v ANTHONY MARK LOUGHNAN, DAVID JOHN MCFARLANE, AMIT RAMESH SULE, DALSIX PTY LIMITED, THOUGHTWEB FINANCIAL LIMITED, THOUGHTWEB LIMITED and JOHN SKINNER WILSON NSD 1830 OF 2004 EDMONDS J 21 APRIL 2006 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1830 OF 2004

BETWEEN: THOUGHTWEB SYSTEMS PTY LIMITED

FIRST APPLICANT

THOUGHTWEB PTY LIMITED

SECOND APPLICANT

AND: ANTHONY MARK LOUGHNAN