Plate Glass Holdings Pty Limited as trustee for the R Gregg Family Trust v Fraser Gordon Investments Pty Limited [2012] FCA 1487

FEDERAL COURT OF AUSTRALIA

Plate Glass Holdings Pty Limited as trustee for the R Gregg Family Trust v Fraser Gordon Investments Pty Limited [2012] FCA 1487 Citation: Plate Glass Holdings Pty Limited as trustee for the R Gregg Family Trust v Fraser Gordon Investments Pty Limited [2012] FCA 1487

Parties: PLATE GLASS HOLDINGS PTY LIMITED AS TRUSTEE FOR THE R GREGG FAMILY TRUST ABN 37 440 997 638 v FRASER GORDON INVESTMENTS PTY LIMITED ACN 124 311 904, DDH NOMINEES PTY LIMITED ACN 109 544 916 and UNICORN HOLDINGS (NSW) PTY LIMITED ACN 115 598 699

File number: NSD 630 of 2012

Judge: FLICK J

Date of judgment: 21 December 2012

Catchwords: PRACTICE AND PROCEDURE – documents produced on subpoena – implied undertaking – a substantive obligation – founded upon public interest considerations – release sought from undertaking – purpose to trace assets, investigate potential causes of action and to report breaches to authorities – release from undertaking allowed in part

Legislation: Australian Consumer Law Corporations Act 2001 (Cth) ss 184, 1315 Federal Court Rules 2011 (Cth) rr 7.23, 20.03 Federal Court Rules (Cth) O 15 r 18

Cases cited: Australian Trade Commission v McMahon (1997) 73 FCR 211, considered Bailey v Australian Broadcasting Corporation [1995] 1 Qd R 476, followed Blanch v Deputy Commissioner of Taxation [2004] NSWCA 461, 58 ATR 113, followed Cazaly Iron Pty Ltd v Minister for Resources [2007] WASCA 60, cited Clone Pty Ltd v Players Pty Ltd (In Liquidation Receivers Appointed) [2012] SASC 12, cited Commonwealth v Temwood Holdings Pty Ltd [2001] WASC 282, 25 WAR 31, cited Deputy Commissioner of Taxation v Karas [2012] VSC 143, cited Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10, considered Forty Two International Pty Ltd v Barnes [2010] FCA 397, applied Hearne v Street [2008] HCA 36, 235 CLR 125, considered James G Oberg (Sales) Pty Ltd v Oberg [2012] FCA 722, 292 ALR 673, cited Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3, 218 ALR 283, considered Northbuild Constructions Pty Ltd v Discovery Beach Project Pty Ltd [2009] QCA 345, [2011] 1 Qd R 145, cited Rank Film Distributors Ltd v Video Information Centre (A Firm) [1982] AC 380, referred to Riddick v Thames Board Mills Ltd [1977] QB 881, applied Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217, cited ThoughtWeb Systems Pty Ltd v Loughnan (No 2) [2006] FCA 432, 230 ALR 515, cited Groves, The implied undertaking restricting the use of material obtained during legal proceedings (2003) 13 Aust Bar Rev 314