Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 5) [2021] FCA 1302

Royal Express Pty Ltd (Receivers and Managers Appointed) (Administrator Appointed) v Huang, in the matter of Royal Express Pty Ltd (No 5) [2021] FCA 1302

The proposed use of documents is not precluded by the implied undertaking as it is sufficiently connected to the purposes for which the materials were produced and relates directly to the litigation; alternatively, even if the implied undertaking applies, special circumstances exist justifying leave to use the documents for public examinations.

Jurisdiction
Australia
Judgment Date
26 October 2021
Procedural Posture
Interlocutory Application / Determined on the Papers
Outcome
Application granted
Legal Topics
['implied Undertaking' 'use of Subpoenaed Documents' 'public Examinations' 'collateral Purpose']
['practice and Procedure' 'corporations Law'] ['implied Undertaking' 'use of Subpoenaed Documents' 'public Examinations' 'collateral Purpose']

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Procedural Posture

Interlocutory Application / Determined on the Papers

Legal Issues

  1. 1 ['Whether the implied undertaking in Harman v Secretary of State for the Home Department precludes use of documents produced or filed in the proceeding for public examinations under Part 5.9 of the Corporations Act 2001 (Cth)' 'Whether special circumstances exist to grant leave to use such documents if the implied undertaking applies']

Ratio Decidendi

The proposed use of documents is not precluded by the implied undertaking as it is sufficiently connected to the purposes for which the materials were produced and relates directly to the litigation; alternatively, even if the implied undertaking applies, special circumstances exist justifying leave to use the documents for public examinations.

Court Disposition

Application granted

Orders

  • ['Salvatore Algeri and Timothy Bryce Norman as receivers and managers appointed to the Plaintiff are released from the implied undertaking not to make collateral use of documents produced or filed in the proceeding, for the purposes of public examinations into the examinable affairs of the Plaintiff in accordance...