Federal Court of Australia
Federal Court of Australia
JKC Australia LNG Pty Ltd v AkzoNobel NV (No 3) [2021] FCA 1217 File number: WAD 448 of 2017
Judgment of: BANKS-SMITH J
Date of judgment: 8 October 2021
Catchwords: PRACTICE AND PROCEDURE - application for release of the implied undertaking as to use of identified documents received by way of discovery and subpoenas - release extending to draft expert report that references such documents - related arbitration and litigation with overlapping questions requiring expert opinion - application granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Glencore Coal Pty Limited v Franks [2020] FCA 1801 Glencore Coal Pty Limited v Franks [2021] FCAFC 61 Harman v Secretary of State for the Home Department [1983] 1 AC 280; [1982] 2 WLR 338 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 JKC Australia LNG Pty Ltd v AkzoNobel NV [2019] FCA 1032 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 44
Date of hearing: 6 October 2021
Counsel for the Applicant: Mr MJ Smith with Ms JA Thornton and Mr M Johnston
Solicitor for the Applicant: Solomon Brothers
Counsel for the Respondents: Mr WA Keane
Solicitor for the Respondents: Clayton Utz
ORDERS WAD 448 of 2017
BETWEEN: JKC AUSTRALIA LNG PTY LTD (ACN 154 383 409) Applicant
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