Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Australian Property Custodian Holdings Limited (Receivers and Managers appointed) (in liquidation) (Controllers appointed) [2013] FCA 74 Citation: Australian Securities and Investments Commission v Australian Property Custodian Holdings Limited (Receivers and Managers appointed) (in liquidation) (Controllers appointed) [2013] FCA 74
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v AUSTRALIAN PROPERTY CUSTODIAN HOLDINGS LIMITED ACN 095 474 436 (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) (CONTROLLERS APPOINTED), WILLIAM LIONEL LEWSKI, MARK FREDERICK BUTLER, KIM JAQUES, MICHAEL RICHARD LEWIS WOOLDRIDGE and PETER CLARKE
File number: VID 594 of 2012
Judge: MURPHY J
Date of judgment: 12 February 2013
Catchwords: DISCOVERY – application for release from the implied undertaking — consideration as to what may constitute "special circumstances" to justify a modification of the implied undertaking
Legislation: Australian Securities and Investment Commission Act 2001 (Cth) Civil Procedure Act 2010 (Vic) Corporations Act 2001 (Cth)
Cases cited: Ambridge Investments Pty Ltd v Baker & Ors (No 3) [2010] VSC 545 Australian Securities and Investments Commission v Marshall Bell Hawkins Ltd [2003] FCA 833 Hearne v Street (2008) 235 CLR 125 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283 at 289-290; [2005] FCAFC 3
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