BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2015] FCA 1077

FEDERAL COURT OF AUSTRALIA

BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2015] FCA 1077 Citation: BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2015] FCA 1077

Parties: BRISCONNECTIONS FINANCE PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 128 629 676), BRISCONNECTIONS CONTRACTING PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 128 631 498), NORTHERN BUSWAY CONTRACTING PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT)(RECEIVERS AND MANAGERS APPOINTED) (ACN 128 616 464), BRISCONNECTIONS OPERATIONS PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 128 615 547), BRISCONNECTIONS NOMINEE COMPANY PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 128 615 814), BRISCONNECTIONS MANAGEMENT COMPANY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 128 614 291), BRISCONNECTIONS HOLDINGS 2 PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 128 614 755) and AIRPORTLINKM7 PTY LIMITED (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (RECEIVERS AND MANAGERS APPOINTED) (ACN 149 633 929) v ARUP PTY LIMITED (ACN 000 966 165); MACQUARIE BANK LIMITED (ACN 008 583 542), THIESS PTY LTD (ACN 010 221 486) and JOHN HOLLAND PTY LTD (ACN 004 282 268)

File number: NSD 521 of 2014

Judge: FLICK J

Date of judgment: 9 October 2015

Catchwords: PRACTICE AND PROCEDURE – applications for non-standard discovery – discovery sought of categories of no relevance to cross-claim but of relevance to principal proceeding – power of Court to order such discovery PRACTICE AND PROCEDURE – discovery – oppression