Federal Court of Australia
Federal Court of Australia
Morgan v Sydney Allen Manufacturing Pty Ltd (Deregistered) [2021] FCA 1020 File number(s): NSD 75 of 2021
Judgment of: RARES J
Date of judgment: 18 August 2021
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce – where documents sought related to previous court proceedings – principles relevant to the Harman undertaking – whether notice to produce "fishing" for documents sought – notice to produce set aside.
Legislation: Corporations Act 2001 (Cth) ss 579E, 601AH Federal Court Rules 2011 r 30.28 Insolvency Practice Schedule (Corporations) s 90-10
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (No 2) [2019] FCA 2087 Cadbury Schweppes Pty Limited v Amcor Limited [2008] FCA 398 Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10 Harman v Secretary of State for the Home Office [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 28
Date of hearing: 18 August 2021
Counsel for the Plaintiffs: Mr MR Pesman SC and Mr M Rose
Solicitor for the Plaintiffs: ERA Legal
Counsel for the Third Defendant: Mr J Stoljar SC and Mr J Svehla
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