Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nicholls (Trustee) v Hertslet [2016] FCA 655 File number: NSD 1657 of 2015
Judge: BROMWICH J
Date of judgment: 3 June 2016
Catchwords: PRACTICE AND PROCEDURE – Harman v Home Office implied undertaking not to use documents produced by process of a court for a purpose outside those proceedings – application for leave to use documents produced by a consent order in proceedings in the Supreme Court of New South Wales – whether implied undertaking arises for Trustee in bankruptcy in relation to documents for the administration of an estate to which the bankrupt is a beneficiary – failure to seek leave before using documents – meaning of 'special circumstances' for the grant of leave
Legislation: Bankruptcy Act 1966 (Cth), s 30 Federal Court Rules 2011, rr 1.33, 26.12(2)(c) and 40.04(a)
Cases cited: Binetter v BCI Finances Pty Ltd (in liq) [2015] FCAFC 122; (2015) 235 FCR 410 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; (2005) 218 ALR 283 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217
Date of hearing: 27 April 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
National Practice Sub-Area: General and Personal Insolvency
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