Camp Curlewis Resorts P/L & Ors v. Hamersley Iron P/L & Ors [1994] FCA 1006

Camp Curlewis Resorts P/L & Ors v. Hamersley Iron P/L & Ors [1994] FCA 1006

No special circumstances exist to justify release from or modification of the implied undertaking not to use discovered documents in subsequent proceedings; the ordinary rule applies, and the application should be dismissed.

Parties
Applicant: Camp Curlewis Resorts Pty Ltd; Applicant: Leonard Fredrick Fisher; Applicant: Lesley Helen Fisher; First Respondent: Hamersley Iron Pty Ltd; Second Respondent: Benwood Holdings Pty Ltd; Second Respondent: Patricia Hosking
Jurisdiction
Australia
Judgment Date
20 December 1994
Procedural Posture
Motion/application / Application and Motion to Strike Out in Federal Court
Outcome
application and strike out motion dismissed
Legal Topics
Discovery, Implied Undertaking, Jurisdiction, Release From Undertaking, Strike Out Application
Civil Procedure Discovery Implied Undertaking Jurisdiction Release From Undertaking Strike Out Application

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Parties

Camp Curlewis Resorts Pty Ltd

Applicant

Leonard Fredrick Fisher

Applicant

Lesley Helen Fisher

Applicant

Hamersley Iron Pty Ltd

First Respondent

Benwood Holdings Pty Ltd

Second Respondent

Patricia Hosking

Second Respondent

Procedural Posture

Motion/application / Application and Motion to Strike Out in Federal Court

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to grant release from an implied undertaking regarding discovered documents
  2. 2 Whether special circumstances justify the release from or modification of an implied undertaking not to use discovered documents in subsequent proceedings

Ratio Decidendi

No special circumstances exist to justify release from or modification of the implied undertaking not to use discovered documents in subsequent proceedings; the ordinary rule applies, and the application should be dismissed.

Court Disposition

application and strike out motion dismissed

Orders

  • motion dated 24 August 1994 dismissed
  • application for release from implied undertaking dismissed