Australian Securities & Investments Commission v Marshall Bell Hawkins Limited [2003] FCA 833

Australian Securities & Investments Commission v Marshall Bell Hawkins Limited [2003] FCA 833

ASIC did not provide sufficient evidence or specificity to demonstrate that special circumstances justified a blanket release from the implied undertaking regarding the use of discovered documents; the application is dismissed without prejudice to ASIC's right to make a further, more specific application.

Jurisdiction
Australia
Judgment Date
08 August 2003
Procedural Posture
Civil / Interlocutory Application on Release From Implied Undertaking Regarding Discovered Documents
Outcome
Application dismissed with costs, dismissal without prejudice to further application
Legal Topics
['implied Undertaking for Discovered Documents' 'use of Discovered Documents' 'public Interest' 'release From Undertaking']
['corporations Law' 'civil Procedure'] ['implied Undertaking for Discovered Documents' 'use of Discovered Documents' 'public Interest' 'release From Undertaking']

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Procedural Posture

Civil / Interlocutory Application on Release From Implied Undertaking Regarding Discovered Documents

Legal Issues

  1. 1 ['Whether ASIC has established special circumstances warranting release from implied undertaking regarding discovered documents' 'Whether release is justified in the interests of administration of justice or public interest']

Ratio Decidendi

ASIC did not provide sufficient evidence or specificity to demonstrate that special circumstances justified a blanket release from the implied undertaking regarding the use of discovered documents; the application is dismissed without prejudice to ASIC's right to make a further, more specific application.

Court Disposition

Application dismissed with costs, dismissal without prejudice to further application

Orders

  • ["The relief sought in paragraphs 3 and 4 of the plaintiff's notice of motion dated 7 May 2003 be refused but the refusal is to be without prejudice to the plaintiff's entitlement to make a further application for the modification or release of its implied undertaking concerning the use of discovered documents."...