Jensen v HFA Holdings Ltd [2008] FCA 1599

FEDERAL COURT OF AUSTRALIA

Jensen v HFA Holdings Ltd [2008] FCA 1599

Federal Court Rules O 5 r 2(3) Aveling v UBS Capital Markets Australia Holdings Ltd [2005] FCA 415 Gray v Associated Book Publishers (Aust) Pty Ltd (in liq) [2002] FCA 1045

PAUL JENSEN v HFA HOLDINGS LIMITED and HFA ADMIN PTY LTD

NSD 2166 OF 2007

PERRAM J

17 OCTOBER 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2166 OF 2007

BETWEEN: PAUL JENSEN

Applicant

AND: HFA HOLDINGS LIMITED

First Respondent

HFA ADMIN PTY LTD

Second Respondent

JUDGE: PERRAM J DATE OF ORDER: 17 OCTOBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondents/cross-claimants give discovery, by service of a list of documents verified by affidavit within 14 days of the date of these orders, of the following documents: (a) minutes of all board meetings of the first respondent that occurred between 7 December 2006 and 18 September 2007; (b) minutes of all board meetings of the second respondent that occurred between 7 December 2006 and 18 September 2007; and (c) minutes of all board meetings of HFA Asset Management Limited that occurred between 7 December 2006 and 18 September 2007, but limited in each instance to any minutes on which either respondent will rely, or which would support the applicant's case or adversely affect any party's case. 2. The respondents/cross-claimants be permitted to mask portions of any documents to be produced for inspection on discovery in accordance with order 1 on the basis of relevance. 3. The respondents/cross-claimants give discovery, by service of a list of documents verified by affidavit within 14 days of the date of these orders, of all documents coming within categories 15 and 16 as set out in the notice of motion filed on behalf of the applicant on 18 September 2008. 4. The applicant file and serve unsworn proofs of evidence from each proposed lay witness, and any expert's report on which he proposes to rely, by 14 November 2008. 5. The respondents/cross-claimant file and serve unsworn proofs of evidence in reply and in support of the cross-claim from each proposed lay witness, and any expert reports on which they propose to rely, by 19 December 2008. 6. The applicant/cross-respondent file and serve unsworn proofs of evidence in reply by 13 February 2009. 7. The parties to serve a list of all documents which they propose to tender at the hearing by 27 February 2009. 8. The parties to provide copies of any documents on those lists requested by a party within seven days of the request. 9. The matter to be fixed for hearing with an estimate of five days at a date to be fixed.