Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited (ACN 008 204 635) (No 3) [2008] FCA 976
PRACTICE AND PROCEDURE – application for further and better discovery and production – where applicant also commenced related proceedings in Hong Kong – whether applicant obligated to discover and produce documents filed in or related to those proceedings including witness statements – applicant obliged to comply with processes in this jurisdiction notwithstanding the implied undertaking as to discovery in the Hong Kong proceedings
Limitations of Actions Act 1936 (SA) Rules of the High Court (HK) O 24 r 14A, O 38 r 2A Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2008] FCA 678 followed Cadbury Schweppes Pty Ltd v Amcor Limited [2008] FCA 88followed Complete Technology Pty Limited v Toshiba (Australia) Pty Limited (1994) 53 FCR 125not followed Esso Australia Resources Limited v Plowman (1995) 183 CLR 10 followed Harman v Home Department State Secretary [1983] 1 AC 280cited Mulley v Manifold (1959) 163 CLR 341cited Nilsen Industrial Electronics Pty Ltd v National Semiconductor Corporation (1994) 48 FCR 337 not followed Patrick v Capital Finance Pty Ltd (No 4) [2003] FCA 436 followed AUSTRALIAN MEDIC-CARE COMPANY LTD (A COMPANY INCORPORATED IN HONG KONG) v HAMILTON PHARMACEUTICAL PTY LIMITED (ACN 008 204 635) and KENNETH KIN WAH KEUNG
SAD 17 of 2007
LANDER J
24 JUNE 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 17 of 2007
BETWEEN: AUSTRALIAN MEDIC-CARE COMPANY LTD (A COMPANY INCORPORATED IN HONG KONG)
Applicant/Cross-Respondent
AND: HAMILTON PHARMACEUTICAL PTY LIMITED
(ACN 008 204 635)
Respondent/Cross-Claimant
KENNETH KIN WAH KEUNG
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