Commonwealth Bank of Australia v Iinvest Pty Limited (in liquidation) (No 8)

The Commonwealth Bank of Australia filed proceedings against Iinvest Pty Limited (in liquidation) in the Federal Court of Australia. The dispute involved the bank seeking production of documents, including the company's digitised paper files, which had been previously agreed upon for discovery. The bank argued that it needed access to the digitised files for a legitimate forensic purpose, while the liquidators opposed the request, arguing that the bank's purpose was not legitimate. The liquidators also opposed a proposed further amendment of the cross-claim, arguing that it represented a shift in the cross-claimants' case and was generally and embarrassingly pleaded.

The court was required to determine whether the bank's purpose for seeking production of the digitised files was legitimate and whether the proposed further amendment of the cross-claim should be allowed. In relation to the first issue, the court found that the bank's purpose was not legitimate as it was not directly related to the proceedings and was instead aimed at pursuing a potential cause of action against a third party. In relation to the second issue, the court found that the proposed amendment represented a shift in the cross-claimants' case and was generally and embarrassingly pleaded, and therefore, it should not be allowed.

The court held that the bank's purpose for seeking production of the digitised files was not legitimate and dismissed the application. The court also held that the proposed further amendment of the cross-claim should not be allowed as it represented a shift in the cross-claimants' case and was generally and embarrassingly pleaded. The liquidators were therefore successful in both respects. No further orders were made by the court.