Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Evans v Davantage Group Pty Ltd (No 2) [2020] FCA 473 File number: VID 982 of 2018
Judge: BEACH J
Date of judgment: 9 April 2020
Catchwords: GROUP PROCEEDINGS – application seeking respondent's insurance documents – practice and procedure – doubts as to respondent's ability to meet judgment – primary cover – excess layer cover – confidentiality – capacity to engage in a meaningful mediation – potential settlement – power to order production of insurance documents under s 33ZF of Federal Court of Australia Act 1976 (Cth) – modern case management theory – ss 37M and 37P – relevance of insurance documents to s 33V settlement approval process – application refused
Legislation: Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) ss 4, 5 Federal Court of Australia Act 1976 (Cth) ss 33V, 33ZF, 33ZG, 37M, 37P
Cases cited: Beneficial Finance Corporation Limited v Price Waterhouse (1996) 68 SASR 19 BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall (2019) 94 ALJR 51 C.E. Heath Casualty and General Insurance Ltd v Pyramid Building Society (in liquidation) [1997] 2 VR 256 CGU Insurance Ltd v Blakeley (2016) 259 CLR 339 Commonwealth Bank of Australia v ACN 076 848 112 Pty Limited [2015] NSWSC 666 Evans v Davantage Group Pty Ltd [2019] FCA 884 J.N. Taylor Holdings Ltd (in liq) v Bond (1993) 59 SASR 432 Kirby v Centro Properties Limited [2009] FCA 695 Mallonland Pty Ltd v Advanta Seeds Pty Ltd [2019] QSC 250 Rodolfo Lopez v Star World Enterprises Pty Ltd [1997] FCA 454 Simpson v Thorn Australia Pty Ltd trading as Radio Rentals (No 4) [2019] FCA 1229
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