Corbett v Corbett Court Pty Ltd, in the matter of Corbett Court Pty Ltd [2017] FCA 718

Corbett v Corbett Court Pty Ltd, in the matter of Corbett Court Pty Ltd [2017] FCA 718

The Court granted release from the implied undertaking because the documents were relevant to circumstances of the 2012 share issue raised in the related Supreme Court proceeding, the affected and subpoenaed parties consented, no prejudice was suggested, the documents did not contain personal data, any confidential information belonged to Corbett Court, and release would facilitate economical preparation of the defence and avoid unnecessary expense and inconvenience from issuing further subpoenas.

Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Application for Release From the Home Office V Harman Implied Undertaking in a Corporations Proceeding / Interlocutory Application; Reasons for Orders Made on 8 June 2017
Outcome
Application granted; the First, Second and Third Defendants were relieved of the undertaking for limited use of the subpoenaed documents in Supreme Court of NSW proceedings case number 2016/275519.
Legal Topics
['home Office V Harman Implied Undertaking' 'use of Documents Produced Under Subpoena' 'release From Implied Undertaking' 'subpoenas' 'defence of Related Supreme Court Proceedings']
['practice and Procedure' 'corporations and Corporate Insolvency'] ['home Office V Harman Implied Undertaking' 'use of Documents Produced Under Subpoena' 'release From Implied Undertaking' 'subpoenas' 'defence of Related Supreme Court Proceedings']

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Procedural Posture

Application for Release From the Home Office V Harman Implied Undertaking in a Corporations Proceeding / Interlocutory Application; Reasons for Orders Made on 8 June 2017

Legal Issues

  1. 1 ['Whether the First, Second and Third Defendants should be relieved of the implied undertaking owed to the Court in respect of documents produced under subpoenas.' 'Whether release should be permitted so the subpoenaed documents could be used in Supreme Court of NSW proceedings case number 2016/275519.']

Ratio Decidendi

The Court granted release from the implied undertaking because the documents were relevant to circumstances of the 2012 share issue raised in the related Supreme Court proceeding, the affected and subpoenaed parties consented, no prejudice was suggested, the documents did not contain personal data, any confidential information belonged to Corbett Court, and release would facilitate economical preparation of the defence and avoid unnecessary expense and inconvenience from issuing further subpoenas.

Court Disposition

Application granted; the First, Second and Third Defendants were relieved of the undertaking for limited use of the subpoenaed documents in Supreme Court of NSW proceedings case number 2016/275519.

Orders

  • ['The First, Second and Third Defendants be relieved of the undertaking provided by them to this Court with respect to the use of documents produced under subpoena by: (a) Perpetual Trustee Company Limited; (b) BDO Australia Limited; (c) Gary Holbrook; (d) Coles Supermarkets Australia Pty Ltd; (e) Kinsley &...