Federal Court of Australia
Federal Court of Australia
LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd (In Liquidation) [2021] FCA 324 File number: NSD 2106 of 2019
Judgment of: STEWART J
Date of judgment: 1 April 2021
Catchwords: CORPORATIONS – "eligible applicant" applied for and obtained orders for examination and production of documents to investigate claim against third party – claim in question had been assigned by the liquidator and the company to the applicant – whether documents so obtained can be used by the applicant in separate proceeding on the claim against the third party – Harman undertaking – company and creditors' interests in recovery of the claim PRACTICE AND PROCEDURE – Harman undertaking – whether eligible applicant which obtained documents by examination and production orders in liquidation of a company can use them in separate proceeding on a claim originally owed to the company and then assigned to the applicant – whether leave to use the documents required, or whether documents were obtained for the same purpose as that for which they are sought to be used – company and creditors' interests in recovery of the claim
Legislation: Corporations Act 2001 (Cth) ss 477(2B), 596A, 596B, 596D(2), and 597(9), ss 65-5, 100-5(1), 100-5(4) of Sch 2 Federal Court (Corporations) Rules 2000 (Cth) r 2.13
Cases cited: ACN 004 410 833 Ltd (formerly Arrium Ltd) (in liq) v Walton [2020] NSWCA 157; 383 ALR 298 Gothard v Fell [2012] FCA 495; 203 FCR 236 Hearne v Street [2008] HCA 36; 235 CLR 125 Kimberley Diamonds Ltd v Arnautovic [2017] FCAFC 91; 252 FCR 244 Re Endeavour Securities (Australia) Ltd (in liq) [2020] FCA 1773 Re Excel Finance Corporation Ltd (Receiver and Manager Appointed); Worthley v England (1994) 52 FCR 69 Re New Tel Ltd (in liq);Evans v Wainter Pty Ltd [2005] FCAFC 114; 145 FCR 176 Re Provident Capital Ltd (Receivers and Managers Appointed) (in liq) [2015] NSWSC 713 Re Southern Equities Corporation Ltd (in liq); Bond & Caboche v England (1997) 25 ACSR 394 Harman v Secretary of State for Home Department [1983] 1 AC 208
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