Kraft Foods Group Brands LLC v Bega Cheese Limited (No 4) [2018] FCA 1055

Kraft Foods Group Brands LLC v Bega Cheese Limited (No 4) [2018] FCA 1055

Assuming power exists to issue a subpoena against a foreign corporation, the Court should not exercise that power where the recipient is unlikely to comply; however, where there is a sufficient basis that an Australian party can obtain relevant documents from a related foreign company, a Sabre order may be made directing reasonable steps to be taken.

Parties
First Applicant: Kraft Foods Group Brands LLC; Second Applicant: H.J. Heinz Company Australia Limited; Respondent: Bega Cheese Limited; Non Party: Mondelez Australia (Foods) Ltd
Jurisdiction
Australia
Judgment Date
13 July 2018
Procedural Posture
Practice and Procedure / Interlocutory Application for Subpoena/sabre Order
Outcome
Sabre order made. Request for leave to subpoena foreign corporation refused.
Legal Topics
Subpoenas to Foreign Corporations, Sabre Order, Discovery of Documents
Commercial Law Consumer Protection Civil Procedure Subpoenas to Foreign Corporations Sabre Order Discovery of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Kraft Foods Group Brands LLC

First Applicant

H.J. Heinz Company Australia Limited

Second Applicant

Bega Cheese Limited

Respondent

Mondelez Australia (Foods) Ltd

Non Party

Procedural Posture

Practice and Procedure / Interlocutory Application for Subpoena/sabre Order

Legal Issues

  1. 1 Whether the Court can and should issue a subpoena against a non-party foreign corporation
  2. 2 Whether a Sabre order should be made against an Australian party to obtain documents from a related foreign company

Ratio Decidendi

Assuming power exists to issue a subpoena against a foreign corporation, the Court should not exercise that power where the recipient is unlikely to comply; however, where there is a sufficient basis that an Australian party can obtain relevant documents from a related foreign company, a Sabre order may be made directing reasonable steps to be taken.

Court Disposition

Sabre order made. Request for leave to subpoena foreign corporation refused.

Orders

  • Orders 1 and 2 announced on 13 July 2018 set aside.
  • By 20 July 2018, Mondelez Australia (Foods) Ltd to take all reasonable steps available to obtain documents described in annexure 1 to the applicants' proposed order from International Great Brands LLC.