Federal Court of Australia
Federal Court of Australia
Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 5) [2021] FCA 1302 File number: VID 287 of 2021
Judgment of: ANASTASSIOU J
Date of judgment: 26 October 2021
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – implied undertaking in Harman v Secretary of State for the Home Department [1983] 1 AC 280 – consideration of application and scope of implied undertaking – documents produced in response to subpoenas and affidavits filed in proceeding – documents proposed to be used in public examinations connected with proceeding – whether proposed use for a collateral or ulterior purpose – implied undertaking does not extend to present circumstances – special circumstances justifying leave in any event – application granted
Legislation: Corporations Act 2001 (Cth), ss 9, 53, Pt 5.9 Federal Court of Australia Act 1976 (Cth), s 37M
Cases cited: Gavan v FSS Trustee Corporation [2019] NSWSC 667 Glencore Coal Pty Limited v Franks [2021] FCAFC 61 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hazell-Wright v 32 Domain Pty Ltd [2020] VSCA 129 Hearne v Street [2008] HCA 36; 235 CLR 125 LCM Operations Pty Ltd, in the matter of 316 Group Pty Ltd (In Liquidation) [2021] FCA 324 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; 218 ALR 283 Re Endeavour Securities (Australia) Ltd (in liq) [2020] FCA 1773 Re Last Lap Pty Ltd (in liq) (No 3) [2020] FCA 1289 Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang [2021] FCA 585 Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang (No 2) [2021] FCA 593 Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 3) [2021] FCA 611 Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 4) [2021] FCA 691 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd [1992] FCA 720; 38 FCR 217
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