Federal Court of Australia
Federal Court of Australia
Enares Pty Limited v Nimble Money Limited, in the matter of Nimble Money Limited (Notice to Produce) [2021] FCA 1616 File number: NSD 1200 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 13 December 2021
Date of publication of reasons: 20 December 2021
Catchwords: PRACTICE AND PROCEDURE – application to set aside a notice to produce documents for inspection served under r 20.31(1) of the Federal Court Rules 2011 (Cth) – notice to produce issued in context of an application under s 247A of the Corporations Act 2001 (Cth) – whether the notice to produce is an abuse of process – whether documents the subject of the notice to produce are relevant to the substantive issues in the proceedings – Held: notice to produce set aside and compliance dispensed with.
Legislation: Federal Court Rules 2011 (Cth), r 20.31(1)
Cases cited: Enares Pty Limited v Nimble Money Limited, in the matter of Nimble Money Limited [2021] FCA 1596 Tyco Australia Pty Ltd v Leighton Contractors Pty Ltd [2005] FCAFC 115; (2005) 142 FCR 428
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 21
Date of hearing: 13, 14 and 16 December 2021
Counsel for the Plaintiff: Mr D Sulan SC with Ms L Rich
Solicitor for the Plaintiff: Baker McKenzie
Counsel for the Defendant: Ms F Roughley with Mr T Rogan
Solicitor for the Defendant: Gilbert + Tobin
ORDERS NSD 1200 of 2021 IN THE MATTER OF NIMBLE MONEY LIMITED ACN 128 541 542
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