Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ceramic Fuel Cells Limited (In Liq) v McGraw-Hill Financial, Inc (No 2) [2016] FCA 1059 File number: NSD 1126 of 2015
Judge: WIGNEY J
Date of judgment: 10 August 2016
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – application to issue subpoenas to foreign entities pursuant to s 33ZF of the Federal Court of Australia Act 2011 (Cth) – whether the Court has power to issue the subpoena to a foreign entity PRACTICE AND PROCEDURE – whether the Court should exercise its discretion to issue the subpoenas – where the foreign entities are located in Luxembourg and Belgium – where the entities have indicated that they must comply with national banking secrecy laws – impact of secrecy laws on the Court's discretion – where subpoena is likely to be unenforceable – whether the subpoena will have utility
Legislation: Federal Court of Australia Act 1976 (Cth), s 33ZF Federal Court Rules 2011 (Cth), rr 10.44, 24.01, 24.12
Cases cited: Ceramic Fuel Cells Limited (In Liq) v McGraw-Hill Financial, Inc [2016] FCA 401 Stemcore (A/sia) Pty Ltd v Oceanwave Line SA [2004] FCA 391
Date of hearing: 10 August 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 35
Counsel for the Appellant: Mr C Withers with Ms E Bathurst
Solicitor for the Appellant: Squire Patton Boggs
Counsel for the Defendants: Mr I J M Ahmed
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