Federal Court of Australia
Federal Court of Australia
Credit Suisse Virtuoso SICAV-SIF v Insurance Australia Limited (No 2) [2024] FCA 1308 File number: NSD 106 of 2022
Judgment of: MOSHINSKY J
Date of judgment: 12 November 2024
Catchwords: PRACTICE AND PROCEDURE – implied undertaking – Hearne v Street [2008] HCA 36; 235 CLR 125 obligation – discovered documents – where, in preparation for and making an application for an anti-suit injunction in the High Court of Justice of England and Wales, Marsh Ltd and Marsh Pty Ltd relied on documents discovered by GBAG and Dr Frege in the Greensill Proceedings in this Court – whether Marsh Ltd and Marsh Pty Ltd breached the Hearne v Street obligation – whether, if so, Marsh Ltd and Marsh Pty Ltd should be released nunc pro tunc from that obligation CONTEMPT – implied undertaking – Hearne v Street [2008] HCA 36; 235 CLR 125 obligation – discovered documents – where, in preparation for and making an application for an anti-suit injunction in the High Court of Justice of England and Wales, Marsh Ltd and Marsh Pty Ltd relied on documents discovered by GBAG and Dr Frege in the Greensill Proceedings in this Court – whether Marsh Ltd and Marsh Pty Ltd breached the Hearne v Street obligation – whether, if so, Marsh Ltd and Marsh Pty Ltd should be released nunc pro tunc from that obligation
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011, r 42.12
Cases cited: Esso Australia Resources Ltd v Plowman [1995] HCA 19; 183 CLR 10 Forster v Jododex Australia Pty Ltd [1972] HCA 61; 127 CLR 421 Graham Barclay Oysters Pty Ltd v Ryan [2022] HCA 54; 211 CLR 540 Hancock Prospecting Pty Ltd v DFD Rhodes Pty Ltd (No 2) [2023] WASCA 108 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street [2008] HCA 36; 235 CLR 125 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; 218 ALR 283 Northbuild Construction Pty Ltd v Discovery Beach Project Pty Ltd (No 4) [2009] QCA 345; 1 Qd R 145 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Treasury Wine Estates Limited v Maurice Blackburn Pty Ltd [2020] FCAFC 226 Tugushev v Orlov [2019] EWHC 2031 (Comm)
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