Pro-Pac Packaging (Aust) Pty Ltd v Penn [2020] FCA 540

Pro-Pac Packaging (Aust) Pty Ltd v Penn [2020] FCA 540

Special circumstances existed to release the Prospective Applicant from its implied undertaking because the relevant parties consented, the document was a single email and attachment likely to be relevant to related Federal Court proceedings, and it was a business record created before the commencement of the litigation.

Jurisdiction
Australia
Judgment Date
17 April 2020
Procedural Posture
Application for Preliminary Discovery and Release From Implied Undertaking / Orders and Reasons for Judgment
Outcome
Application granted; Prospective Applicant released from its implied undertaking for the specified email and attachment and matter listed for case management.
Legal Topics
['implied Undertaking' 'preliminary Discovery' 'use of Documents Produced in Proceedings' 'special Circumstances']
['practice and Procedure' 'commercial and Corporations'] ['implied Undertaking' 'preliminary Discovery' 'use of Documents Produced in Proceedings' 'special Circumstances']

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Procedural Posture

Application for Preliminary Discovery and Release From Implied Undertaking / Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Prospective Applicant should be released from its implied undertaking in respect of an email and attachment produced in preliminary discovery so as to permit use of the document in Federal Court proceedings NSD 127 of 2020.']

Ratio Decidendi

Special circumstances existed to release the Prospective Applicant from its implied undertaking because the relevant parties consented, the document was a single email and attachment likely to be relevant to related Federal Court proceedings, and it was a business record created before the commencement of the litigation.

Court Disposition

Application granted; Prospective Applicant released from its implied undertaking for the specified email and attachment and matter listed for case management.

Orders

  • ["The Prospective Applicant is released from its implied undertaking so as to permit use of the email from Wendy Penn to Nick Papadimatos and Nenad Milinkovic of 9 December 2019 at 10.13am, with the subject line 'Emailing: ECO tray pricelist-04122019' and its attachment in Federal Court proceedings NSD 127 of 2020."...