Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lynch v Cash Converters Personal Finance Pty Ltd (No 3) [2017] FCA 371 File number: NSD 900 of 2015
Judge: GLEESON J
Date of judgment: 10 April 2017
Catchwords: DISCOVERY – application for discovery – whether documents sought relevant to issues in the proceeding – whether proposed discovery oppressive – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) National Consumer Credit Protection Act 2009 (Cth) Federal Court Rules 2011
Cases cited: BrisConnections Finance Pty Limited (Receivers and Managers Appointed) v Arup Pty Limited [2015] FCA 1077
Date of hearing: 23 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicant: Ms R Francois
Solicitor for the Applicant: Maurice Blackburn
Counsel for the Respondents: Ms E Collins SC with Ms S Mirzabegian
Solicitor for the Respondents: Herbert Smith Freehills
ORDERS NSD 900 of 2015
BETWEEN: SEAN LYNCH Applicant
AND: CASH CONVERTERS PERSONAL FINANCE PTY LTD (ACN 110 275 762) First Respondent
SAFROCK FINANCE CORPORATION (QLD) PTY LTD (ACN 098 566 520) Second Respondent
JUDGE: GLEESON J DATE OF ORDER: 10 APRIL 2017
THE COURT ORDERS THAT:
1. By 12 June 2017, the respondents give discovery of the following documents: All documents between 7 December 2010 and 20 November 2016 being communications between Olympia Bulnes, Peter Cummins, Michael Cooke, Ralph Groom, Peter Wessels, Simon Cooke, Mark Reid, Glenn Donaldson, Ian Day and Gavin Irons and ASIC regarding the extent to which procedures for the approval of Loans in the Interest Rate Cap Period were automated or used benchmarks, including but not limited to the use and/or functions of the Safrock System and/or the Mon-e System in respect of the assessment and/or approval of Loans in the Interest Rate Cap Period. in the manner set out in order 2 made on 2 March 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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