Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wingecarribee Shire Council v Lehman Bros Australia Ltd (No 2) [2009] FCA 532
HIGH COURT AND FEDERAL COURT –– inherent or implied power of Court to order a party to disclose assets and produce documents PRACTICE AND PROCEDURE –– CORPORATIONS –– protection of integrity of processes –– Mareva orders –– Court's power to order production of documents –– respondent company placed in administration during proceedings –– respondent's contracts of insurance may respond to applicant's claims both existing and potential against other persons –– proposed deed of company arrangement would extinguish applicant's claims against third parties and their insurers –– relevance of principles governing scope of discovery –– whether power to order respondent company to produce contracts of insurance and related documents to applicant PRACTICE AND PROCEDURE –– access to confidential documents –– applicant's solicitor acts for other entities that may have claims against respondent corporation –– implied undertaking limiting use of documents or information obtained under compulsion in proceedings –– whether documents produced should not be provided to particular person or a particular solicitor for a party Held: respondent company ordered to produce relevant contracts of insurance and related documents Corporations Act 2001 (Cth) Pt 5.3A, ss 435A, 439A, 440D, 445D, 562 Federal Court of Australia Act 1976 (Cth) s 23 Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 6 Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256 applied Beneficial Finance Corporation Ltd v Price Waterhouse (1996) 68 SASR 19 distinguished Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 applied Hearne v Street (2008) 235 CLR 125 discussed Houghton v Arms (2006) 225 CLR 553 cited Jackson v Sterling Industries Limited (1987) 162 CLR 612 followed/discussed Lopez v Star World Enterprises Pty Ltd [1997] FCA 454 followed WINGECARRIBEE SHIRE COUNCIL v LEHMAN BROTHERS AUSTRALIA LIMITED
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