DC Rd DC Pty Ltd v Zhang (No 2)

DC Rd DC Pty Ltd brought an application against Zhang, and others, seeking orders for the production of documents and for reimbursement of costs. The Federal Court considered the application, which included requests for the production of bank statements and reimbursement of expenses up to a specified amount. The court was tasked with determining whether to grant orders for the production of documents and whether to make a Sabre order, which would require a director of the respondent to travel to Hong Kong, given the limitations on reimbursement for travel and accommodation expenses.

The court examined whether the proposed orders for production were appropriate, considering that they were identical to previous orders and there had been no material change in circumstances. The court found that the circumstances had not sufficiently changed to warrant a new order for production. Regarding the Sabre order, the court assessed whether it would impose an unreasonable interference with the liberty of the respondent's director, who was required to travel to Hong Kong. The court considered the limitation on reimbursement for travel and accommodation expenses to AUD10,000 and concluded that the order would not impose an unreasonable interference with liberty. The court therefore made the proposed Sabre order, with the specified conditions and limitations on reimbursement.

In conclusion, the court made orders for the respondent, Link, to obtain and produce bank statements from Bank of China (Hong Kong) Ltd for a specified period, and to provide these statements to the applicants by a certain date. The court also provided conditions for the delivery and reimbursement of these documents. Additionally, the court ordered Link to pay the applicants’ costs of the interlocutory application. The orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011.