Kirby v Centro Properties Limited (ACN 078 590 682) [2009] FCA 695

FEDERAL COURT OF AUSTRALIA

Kirby v Centro Properties Limited (ACN 078 590 682) [2009] FCA 695

RICHARD KIRBY v CENTRO PROPERTIES LIMITED (ACN 078 590 682) and CPT MANAGER LIMITED (ACN 054 494 307)

VID 326 of 2008

RICHARD KIRBY v CENTRO RETAIL LIMITED (ACN 114 757 783) and CENTRO MCS MANAGER LIMITED (ACN 051 908 984)

VID 327 of 2008

RYAN J

26 june 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 326 of 2008

BETWEEN: RICHARD KIRBY

Applicant

AND: CENTRO PROPERTIES LIMITED (ACN 078 590 682)

First Respondent

CPT MANAGER LIMITED (ACN 054 494 307)

Second Respondent

JUDGE: RYAN J

DATE OF ORDER: 26 june 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The motion on notice dated 24 December 2008 in relation to policies of insurance be refused. 2. The respondents produce for inspection by the applicant, his counsel and solicitors directly concerned in the conduct of these proceedings and any officer or agent of IMF (Australia) Ltd directly concerned in the conduct or funding of these proceedings the documents identified as confidential in the first tranche of the respondents' discovery subject to each such person signing an undertaking in the form of Schedule A to this order. 3. The costs of all parties of and incidental to the motion on notice dated 24 December 2008 be reserved. 4. There be liberty to any party or person affected by this order to apply on not less than 48 hours notice in writing to the other party or the parties as the case may be. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.

SCHEDULE A CONFIDENTIALITY UNDERTAKING I, ………………………………………… undertake to the respondents in Federal Court proceeding No …………………….. ("the proceeding") in respect of the documents produced by the respondents as an initial tranche of discovery in accordance with the orders made by his Honour Justice Ryan on 17 December 2008 ("the confidential documents") that: 1. I will not use the confidential documents, or any part of them, or any information contained in them other than for the purposes of the proceeding; 2. Subject to paragraph 4 below, I will not disclose, discuss or enable access to the confidential documents or any part of them or any information contained in them, either directly or indirectly to any person (including any class members or potential class members); 3. I will make all reasonable efforts to store the confidential documents and any documents or records which I make arising from my access to the confidential documents (including copies thereof) in such a way that persons other than those entitled to access them cannot obtain access to them. Without in any way limiting the generality of this undertaking, the reference to documents, records or copies shall include records of information stored electronically; 4. The confidential documents may be disclosed by me to: a) the Federal Court of Australia and Judges of the Federal Court of Australia; b) any solicitor who is a member of or employed by Maurice Blackburn, solicitors for the applicant and any counsel retained on behalf of the applicant in the proceeding who has signed an undertaking in this form which has been served on the respondents; c) any officer or agent of IMF (Australia) Ltd authorised in writing by it to receive such disclosure who has signed an undertaking in this form which has been served on the respondents; d) any expert retained on behalf of the applicant in the proceeding who has signed an undertaking in this form which has been served on the respondents. 5. When the proceeding is resolved by way of judgment, settlement or otherwise, I will ensure that any document created by me or given to me recording or containing information contained in the confidential documents given to me is returned to the solicitors for the respondents or destroyed. Signed by: