Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 6) [2010] FCA 1009

Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 6) [2010] FCA 1009

Circumstances necessitate adjournment of trial due to inability to take evidence from key witnesses in Dubai, and special circumstances exist for partial release of fourth respondent from implied undertaking in respect of transactional or contemporaneous documents to use in foreign criminal proceedings, except for specified documents withheld for commercial reasons.

Jurisdiction
Australia
Judgment Date
07 September 2010
Procedural Posture
Civil / Interlocutory Application, Orders, Adjournment, Discovery Issues
Outcome
Trial adjourned to date to be fixed; partial release from implied undertaking granted; costs in the proceeding.
Legal Topics
['adjournment of Trial' 'discovery' 'implied Use Undertaking' 'release From Undertaking' 'special Circumstances' 'foreign Proceedings']
['practice and Procedure'] ['adjournment of Trial' 'discovery' 'implied Use Undertaking' 'release From Undertaking' 'special Circumstances' 'foreign Proceedings']

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Procedural Posture

Civil / Interlocutory Application, Orders, Adjournment, Discovery Issues

Legal Issues

  1. 1 ['Whether circumstances necessitate adjournment of trial' 'Whether party can be released from implied undertaking to use discovered documents in foreign criminal proceedings' "What constitutes 'special circumstances' for release from undertaking"]

Ratio Decidendi

Circumstances necessitate adjournment of trial due to inability to take evidence from key witnesses in Dubai, and special circumstances exist for partial release of fourth respondent from implied undertaking in respect of transactional or contemporaneous documents to use in foreign criminal proceedings, except for specified documents withheld for commercial reasons.

Court Disposition

Trial adjourned to date to be fixed; partial release from implied undertaking granted; costs in the proceeding.

Orders

  • ['Orders and directions from previous dates vacated as specified.' 'Respondents to file and serve witness statements by 29 October 2010.' 'Applicants to file and serve reply witness statements by 10 December 2010.' 'Witness statements subject to implied undertaking as with discovered documents.' 'Fourth respondent...