Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
White Oak Commercial Finance Europe (Non-Levered) Limited v Insurance Australia Limited [2022] FCA 1587 File number: NSD 1039 of 2021
Judgment of: ALLSOP CJ
Date of judgment: 21 December 2022
Date of publication of reasons: 23 December 2022
Catchwords: INSURANCE – claim for indemnity under trade credit insurance policy – interlocutory application seeking leave to apply to United States courts to obtain documents under §1782 of Title 28 of the United States Code in connection with proceedings brought in the United States – where documents said to be relevant to pleaded defences – application granted
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss 23, 37M(1) Federal Court Rules 2011 (Cth) rr 1.32, 20.23 Insurance Contracts Act 1984 (Cth) s 28 United States Code (US) Title 28 §1782
Cases cited: Lavecky v Visa Inc [2017] FCA 454
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 24
Date of hearing: Determined on the papers
ORDERS NSD 1039 of 2021
BETWEEN: WHITE OAK COMMERCIAL FINANCE EUROPE (NON-LEVERED) LIMITED Applicant
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