Lifetime Investments Pty Ltd v Commercial (Worldwide) Financial Services Pty Ltd [2006] FCA 637

FEDERAL COURT OF AUSTRALIA

Lifetime Investments Pty Ltd v Commercial (Worldwide) Financial Services Pty Ltd [2006] FCA 637 PRACTICE AND PROCEDURE – application for leave to secure re-delivery of documents delivered up pursuant to an Anton Pillar Order. LIFETIME INVESTMENTS PTY LTD v COMMERCIAL (WORLDWIDE) FINANCIAL SERVICES PTY LTD & ANOR QUD 60 OF 2005 GREENWOOD J 25 MAY 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 60 OF 2005

BETWEEN: LIFETIME INVESTMENTS PTY LTD

APPLICANT

AND: COMMERCIAL (WORLDWIDE) FINANCIAL SERVICES PTY LTD

RESPONDENT

JUDGE: GREENWOOD J

DATE OF ORDER: 25 MAY 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The solicitors for the Second Respondent shall have leave to take possession of all documents produced to the court pursuant to the order of his Honour Justice Spender on 15 November 2005 to be held in the custody and control of the solicitors for the Second Respondent pending the trial of the action or earlier order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 60 OF 2005

BETWEEN: LIFETIME INVESTMENTS PTY LTD

APPLICANT

AND: COMMERCIAL (WORLDWIDE) FINANCIAL SERVICES PTY LTD

RESPONDENT

JUDGE: GREENWOOD J

DATE: 25 MAY 2006

PLACE: BRISBANE

REASONS FOR JUDGMENT Delivered Ex Tempore at 4.00 pm 1 On 28 April 2006, I pronounced orders pending trial in an application by Notice of Motion by the Applicant in the proceedings for a Mareva Order and other orders. 2 On 3 May 2006 I published reasons in relation to the orders made on 28 April 2006. In the course of the hearing of the application, Counsel for the Respondents to the application made a request for the return to the solicitors for the Second Respondent of all those documents delivered to the Federal Court pursuant to the order of his Honour Justice Spender on 15 November 2005. 3 Those documents comprise 7 boxes of documents filed in conjunction with the Affidavit of Mr Bruce Virgo which are the documents delivered into the possession of the independent supervising solicitors consequent upon execution of an Anton Pillar Order. In the course of the hearing of the primary application, I said that I would give consideration to the request for the return of the documents. On 28 April 2006 I also made directions orders by consent which require the Second Respondent to give discovery of documents by 4.00 pm 26 May 2006. 4 In order to enable discovery to take place in conformity with the timetable, the documents in question have been returned to the solicitors for the Second Respondent. 5 An order had been prepared making provision for the return of the documents delivered to the court in accordance with the order of Spender J. However, that order has not been formally made and accordingly I propose to dispose of the application for the return of the documents by making an order in the following terms in order to regularise the re-delivery of the documents to facilitate completion of discovery. The order is that the solicitors for the Second Respondent shall have leave to take possession of all documents produced to the court pursuant to the order of his Honour Justice Spender on 15 November 2005 to be held in the custody and control of the solicitors for the Second Respondent pending the trial of the action or earlier order. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood J.