Federal Court of Australia
FEDERAL COURT OF AUSTRALIA BAC Property Pty Ltd v Nee [2024] FCA 1243 File number(s):
Judgment of: GOODMAN J
Date of judgment: 29 October 2024
Catchwords: PRACTICE AND PROCEDURE – application by plaintiffs for release from implied undertaking not to disclose or use documents or information obtained under compulsion in an earlier proceeding for preliminary discovery – in the interests of justice to grant the release – release granted PRACTICE AND PROCEDURE – application by plaintiff for ex parte freezing orders pursuant to s 1323(1) of the Corporations Act 2001 (Cth) – interim orders sought pursuant to s 1323(3) of the Act – interim orders made
Legislation: Corporations Act 2001 (Cth), ss 257A, 491, 601ED, 708, 1041D, 1041E, 1041G, 1041H, 1041I, 1323
Austin Engineering Ltd v Podulova (No 3) [2024] FCA 1001 Cases cited: Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; (2005) 218 ALR 283
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 16
Date of hearing: 23 October 2024
Solicitor for the Plaintiffs: Mr Z Mason of Adero Law (solicitor advocate)
ORDERS ACD 71 of 2024
BAC PROPERTY PTY LTD (ACN 606 461 562) First Plaintiff BETWEEN: DAMIEN RHYS FORD Second Plaintiff FIONA MAREE MACFARLANE SMITH Third Plaintiff AND: CHARLES ALVIN NEE Defendant
order made by: GOODMAN J DATE OF ORDER: 29 october 2024
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