Ceramic Fuel Cells Limited (In Liq) v McGraw-Hill Financial, Inc (No 2) [2016] FCA 1059

Ceramic Fuel Cells Limited (In Liq) v McGraw-Hill Financial, Inc (No 2) [2016] FCA 1059

In the circumstances where substantial concerns exist about the enforceability and utility of subpoenas sought to be served on foreign entities subject to foreign banking secrecy laws, and where issuing such subpoenas would likely breach international comity and have little practical utility, the Court should not...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 August 2016
Procedural Posture
Representative Proceeding / Interlocutory Application for Leave to Issue Subpoenas to Foreign Entities
Outcome
Application dismissed
Legal Topics
['representative Proceedings' 'subpoenas to Foreign Entities' 'international Comity' 'enforcement of Subpoenas' 'identifying Group Members']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['representative Proceedings' 'subpoenas to Foreign Entities' 'international Comity' 'enforcement of Subpoenas' 'identifying Group Members']

Source-derived case record

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Procedural Posture

Representative Proceeding / Interlocutory Application for Leave to Issue Subpoenas to Foreign Entities

Legal Issues

  1. 1 ['Whether the Court has power to issue subpoenas to foreign entities under s 33ZF' 'Whether the Court should exercise its discretion to issue subpoenas to foreign entities where local laws may prohibit compliance' 'Impact of foreign secrecy and confidentiality laws on enforceability and utility of Australian subpoenas' 'Consideration of international comity in issuing subpoenas to foreign banks']

Ratio Decidendi

In the circumstances where substantial concerns exist about the enforceability and utility of subpoenas sought to be served on foreign entities subject to foreign banking secrecy laws, and where issuing such subpoenas would likely breach international comity and have little practical utility, the Court should not exercise its discretion to issue such subpoenas in a representative proceeding.

Court Disposition

Application dismissed

Orders

  • ['The interlocutory application dated 23 June 2016 is dismissed.']