Clark v National Australia Bank Limited [2019] FCA 933

FEDERAL COURT OF AUSTRALIA

Clark v National Australia Bank Limited [2019] FCA 933 File number: VID 1238 of 2018

Judge: MIDDLETON J

Date of judgment: 13 June 2019

Date of publication of reasons: 19 June 2019

Catchwords: PRACTICE AND PROCEDURE – application for leave to file and serve amended originating application and further amended statement of claim – use of discovered and subpoenaed documents in amended originating application and further amended statement of claim – whether use of documents amounted to breach of implied Harman undertaking or Harman obligation – whether used for ulterior or collateral purpose – whether special circumstances exist to grant leave to use discovered and subpoenaed documents PRACTICE AND PROCEDURE – construction and application of s 33C of Federal Court of Australia Act 1976 (Cth) – whether criteria satisfied

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) ss 12CB, 12CC, 12DA Federal Court of Australia Act 1976 (Cth) s 33C

Cases cited: Allstate v ANZ Banking Group at (1995) 57 FCR 360 Arnold Mann v Medical Defence Union Ltd [1997] FCA 45 Connective Services Pty Ltd v Slea Pty Ltd (2017) 53 VR 130 Dillon v RBS Group (Australia) Pty Ltd (2017) 252 FCR 150 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd (No 4) [2011] 1 Qd R 145 Pinara Group Pty Ltd v Whiting [2013] FCA 1378 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Webster v Murray Goulburn Co-Operative Co Ltd (No 2) [2017] FCA 1260 Zhang v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 384