ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 2) [2023] FCA 172

ACN 117 641 004 Pty Ltd (in liq) v S&P Global, Inc (No 2) [2023] FCA 172

The notice to produce was set aside because r 30.28 of the Federal Court Rules 2011 (Cth) only authorises a notice requiring production to the Court at a trial, hearing, or hearing before an authorised officer, and does not authorise a formal notice requiring direct inter partes production of documents outside Court by a nominated time.

Jurisdiction
Australia
Judgment Date
01 March 2023
Procedural Posture
Practice and Procedure; Notices to Produce in Class Action Concerning Collateralised Debt Obligations / Application Concerning Notice to Produce Filed on 6 February 2023 in Response to Proposed Amended Pleading; Ex Tempore Reasons and Orders Setting Aside Notice
Outcome
Notice to produce filed on 6 February 2023 set aside; S&P granted leave to serve a notice to produce on Vale returnable before Registrar Rubenstein.
Legal Topics
['notices to Produce' 'federal Court Rules 2011 (cth) R 30.28' 'production of Documents' 'subpoena Analogy' 'inter Partes Production' 'collateralised Debt Obligations' 'fraud Pleading Amendment']
['practice and Procedure' 'evidence' 'commercial and Corporations'] ['notices to Produce' 'federal Court Rules 2011 (cth) R 30.28' 'production of Documents' 'subpoena Analogy' 'inter Partes Production' 'collateralised Debt Obligations' 'fraud Pleading Amendment']

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Procedural Posture

Practice and Procedure; Notices to Produce in Class Action Concerning Collateralised Debt Obligations / Application Concerning Notice to Produce Filed on 6 February 2023 in Response to Proposed Amended Pleading; Ex Tempore Reasons and Orders Setting Aside Notice

Legal Issues

  1. 1 ['Whether a notice to produce under r 30.28 of the Federal Court Rules 2011 (Cth) may require production of documents inter partes outside a hearing.' 'Whether the notice to produce filed on 6 February 2023 complied with r 30.28 and Form 61.' 'Whether the notice to produce should be set aside.']

Ratio Decidendi

The notice to produce was set aside because r 30.28 of the Federal Court Rules 2011 (Cth) only authorises a notice requiring production to the Court at a trial, hearing, or hearing before an authorised officer, and does not authorise a formal notice requiring direct inter partes production of documents outside Court by a nominated time.

Court Disposition

Notice to produce filed on 6 February 2023 set aside; S&P granted leave to serve a notice to produce on Vale returnable before Registrar Rubenstein.

Orders

  • ['The notice to produce filed on 6 February 2023 be set aside.' 'S&P be granted leave to serve a notice to produce on Vale returnable at 9:30am on 8 March 2023 before Registrar Rubenstein in the terms referred to in document MFI-1.']