Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lowden v Elliott Harvey Securities Ltd [2016] FCA 18 File numbers: QUD 254 of 2012 QUD 494 of 2013
Judge: EDELMAN J
Date of judgment: 2 February 2016
Catchwords: PRACTICE AND PROCEDURE – informal applications for discovery and inspection of documents held by non-parties – Corporations Act 2001 (Cth) s 486 – non-parties not given reasonable notice and not present at the hearing – applications adjourned and conferral required – reasons provided to structure the approach to be taken to the applications – issues regarding legal professional privilege, documents provided by mistake – application for default judgment – appropriate to grant springing order
Legislation: Corporations Act 2001 (Cth) ss 9, 486, 511(1)(b) Federal Court Rules 2011 (Cth) rr 5.22, 5.23, 5.23(2) 20.23(1)
Cases cited: Barnes v Addy (1874) LR 9 Ch App 244 Eaves v Hickson (1861) 30 Beav 136; (1861) 54 ER 840 Lion-Dairy & Drinks Pty Limited v Sinclair Knight Merz Pty Limited [2014] FCA 114 Mann v Carnell [1999] HCA 66; (1999) 201 CLR 1 Waterford v Commonwealth [1987] HCA 25; (1987) 163 CLR 54
Date of hearing: 2 February 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 40
Counsel for the Applicant: Mr B D Chappell
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