Suzlon Energy Ltd v Bangad [2011] FCA 1152

FEDERAL COURT OF AUSTRALIA

Suzlon Energy Ltd v Bangad [2011] FCA 1152 Citation: Suzlon Energy Ltd v Bangad [2011] FCA 1152

Parties: SUZLON ENERGY LTD AND OTHERS NAMED IN THE SCHEDULE v SANJEEV BANGAD AND OTHERS NAMED IN THE SCHEDULE

File number: NSD 1670 of 2008

Judge: RARES J

Date of judgment: 7 October 2011

Catchwords: PRIVATE INTERNATIONAL LAW – notice to produce served on foreign bank challenging service on it out of the jurisdiction under r 10.43 of Federal Court Rules 2011 (Cth) – whether foreigner should be subject to compulsory process of the Court – principle of restraint in permitting use of court process against foreigner challenging service out of jurisdiction from being required to produce evidence supporting that extraterritorial service – whether notice to produce should be set aside or compliance not be required in the circumstances INTERNATIONAL LAW – documents sought in notice to produce related to financial transactions between foreign bank and customer – production of documents likely to involve foreign bank in a contravention of Swiss banking secrecy and criminal laws – principles in respect of attempts to use court processes to obtain documents from international banks so as to avoid the risk of jurisdictional conflicts – whether notice to produce should be set aside or compliance not be required the circumstances PRACTICE AND PROCEDURE – notice to produce – application by foreign bank to set aside or excuse obligation to comply with notice to produce under r 30.28 of Federal Court Rules 2011 (Cth) – notice to produce has same coercive effect as subpoena – whether notice to produce can be served on a foreigner contesting jurisdiction