DC Rd DC Pty Ltd v Zhang (No 2) [2024] FCA 157

DC Rd DC Pty Ltd v Zhang (No 2) [2024] FCA 157

The Court declined to make an order for production under r 20.32 as the circumstances had not materially changed since prior orders, and further disputation would not serve the interests of efficiency. The Court made a Sabre order requiring reasonable steps to be taken to obtain and produce the Link Account Statements, including in-person attendance in Hong Kong by a director of Link, finding such an order reasonable and proportional in the circumstances of the case.

Jurisdiction
Australia
Judgment Date
29 February 2024
Procedural Posture
Interlocutory Application / Order and Reasons for Judgment Following Hearing of Interlocutory Application
Outcome
Order 1 refused; Order 2 (Sabre order) granted; costs awarded to applicants
Legal Topics
['discovery of Documents' 'production of Documents' 'sabre Order' 'tracing of Funds']
['practice and Procedure' 'commercial Law'] ['discovery of Documents' 'production of Documents' 'sabre Order' 'tracing of Funds']

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Procedural Posture

Interlocutory Application / Order and Reasons for Judgment Following Hearing of Interlocutory Application

Legal Issues

  1. 1 ['Whether to make an order for production of bank statements under rule 20.32 of the Federal Court Rules 2011 (Cth)' 'Whether to make a Sabre order requiring steps to be taken to obtain and produce bank statements, including attendance in Hong Kong by a director' 'Reasonableness and proportionality of requiring a director to travel overseas for discovery compliance']

Ratio Decidendi

The Court declined to make an order for production under r 20.32 as the circumstances had not materially changed since prior orders, and further disputation would not serve the interests of efficiency. The Court made a Sabre order requiring reasonable steps to be taken to obtain and produce the Link Account Statements, including in-person attendance in Hong Kong by a director of Link, finding such an order reasonable and proportional in the circumstances of the case.

Court Disposition

Order 1 refused; Order 2 (Sabre order) granted; costs awarded to applicants

Orders

  • ['Fifth respondent is to do all things necessary to obtain and produce the bank statements for its Hong Kong account with Bank of China (Hong Kong) Ltd for the specified period, including arranging for a director to attend the BOC branch in Hong Kong.' 'Steps expressly required, including notice and provision of...