FEDERAL COURT OF AUSTRALIA
DC Rd DC Pty Ltd v Zhang (No 4) [2025] FCA 319
File number(s): NSD 247 of 2023 Judgment of: JACKMAN J Date of judgment: 27 March 2025 Catchwords: PRACTICE AND PROCEDURE – application for review of reasons for decision and orders of a Registrar in relation to subpoena – application for orders for production of documents within specific date range – where proceedings concern alleged misappropriation of funds following a property transaction – where subpoenas seek access to bank statements in relation to tracing allegedly misappropriated funds – whether subpoenas have legitimate forensic purpose – where reasonable basis beyond speculation found – application granted Legislation: Federal Court of Australia Act 1976 (Cth) Cases cited: Bechara v Bates [2021] FCAFC 34; [2021] 286 FCR 166
DC Rd DC PtyLimited v Zhang (No 2) [2024] FCA 157
DC Rd DC Pty Limited v Zhang [2023] FCA 342
Seven Network (Operations) Limited v Fairfax Media Publications Pty Limited [2023] FCAFC 185; [2023] 418 ALR 284
Toksoz v Westpac Banking Corporation [2012] NSWCA 199; [2012] 289 ALR 577
Division: General Division Registry: New South Wales National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 37 Date of hearing: 27 March 2025 Counsel for Applicants Mr C Colquhoun SC
Mr B Smith
Mr M KearneySolicitor for Applicants Corrs Chambers Westgarth Counsel for 1st, 5th and 9th Respondents Mr J Hidayat Solicitor for 1st, 5th and 9th Respondents Amberlake Lawyers Counsel for 2nd, 3rd, 6th, 10th, 11th, 12th and 13th Respondents Mr D Pritchard SC
Mr J ParrishSolicitor for 2nd, 3rd, 6th, 10th, 11th, 12th and 13th Respondents Kells Counsel for 14th Respondents Mr A Smith Solicitors for 14th Respondents Emerson Lewis Lawyers ORDERS
NSD 247 of 2023 BETWEEN: DC RD DC PTY LTD
First Applicant
STANLEY XUE
Second Applicant
SIT FAMILY PTY LTD ACN 617 947 065
Third Applicant
AND: DONG (TONY) ZHANG
First Respondent
ZHENGJUN (BOB) CAI
Second Respondent
CENTRAL ADVISORY GROUP PTY LTD ACN 163 958 843 (and others named in the Schedule)
Third Respondent
ORDER MADE BY:
JACKMAN J
DATE OF ORDER:
27 MARCH 2025
THE COURT ORDERS THAT:
1.Pursuant to s 35A(5) of the Federal Court of Australia Act 1975 (Cth) and r 3.11 of the Federal Court Rules 2011 (Cth), Orders 1, 2(a), 4 and 5 of the Orders of the Registrar dated 10 January 2025 be set aside;
2.The Proper Officer, Westpac Banking Corporation, is to produce the documents referred to in category 1(a) of the subpoena to Westpac Banking Corporation filed 11 October 2024, but limited to the period 1 July 2019 to 31 December 2021;
3.The Proper…
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- Case
- [2025] FCA 319
- Decision Date
CaseChat Overview and Summary
The court found that the applicants had a reasonable basis beyond mere speculation for seeking the documents. The applicants were seeking the documents to trace allegedly misappropriated funds. The court noted that the applicants had provided evidence of the alleged misappropriation and that the subpoenas were necessary to investigate the matter further. The court held that the subpoenas had a legitimate forensic purpose and that the applicants were entitled to the documents. The court set aside the orders of the Registrar and made orders for the production of the documents within the specified date range.
The court also made orders in relation to costs. The first, second, third, fifth, sixth and ninth to thirteenth respondents were ordered to pay the costs of the interlocutory application dated 31 January 2025. The second, third, sixth and tenth to thirteenth respondents were ordered to pay the costs of the interlocutory application dated 6 November 2024. The first, fifth and ninth respondents were ordered to pay the costs of the interlocutory application dated 8 November 2024. The orders were made pursuant to s 35A(5) of the Federal Court of Australia Act 1975 (Cth) and r 3.11 of the Federal Court Rules 2011 (Cth).
Orders
Orders of the court
1. Pursuant to s 35A(5) of the Federal Court of Australia Act 1975 (Cth) and r 3.11 of the Federal Court Rules 2011 (Cth), Orders 1, 2(a), 4 and 5 of the Orders of the Registrar dated 10 January 2025 be set aside;
2. The Proper Officer, Westpac Banking Corporation, is to produce the documents referred to in category 1(a) of the subpoena to Westpac Banking Corporation filed 11 October 2024, but limited to the period 1 July 2019 to 31 December 2021;
3. The Proper Officer, Commonwealth Bank of Australia, is to produce the documents referred to in category 1(a) of the subpoena to the Commonwealth Bank of Australia filed 11 October 2024, but limited to the period 1 July 2019 to 31 December 2021;
4. The first, second, third, fifth, sixth and ninth to thirteenth respondents pay the costs of the applicants of the interlocutory application dated 31 January 2025;
5. The second, third, sixth and tenth to thirteenth respondents pay the costs of the applicants of the interlocutory application dated 6 November 2024; and
6. The first, fifth and ninth respondents pay the costs of the applicants of the interlocutory application dated 8 November 2024.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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