FEDERAL COURT OF AUSTRALIA
First Netcom Pty Ltd v Telstra Corporation Ltd [2000] FCA 1542
PRACTICE & PROCEDURE – application for leave to use affidavits filed but not read in the proceedings in proceedings in another court – whether material relevant to other proceedings
CORPORATIONS LAW – company under administration – stay of proceedings – whether application for leave to use documents filed with the Court a ‘proceeding against’ the company under s 440D of the Corporations Law
Corporations Law ss 440A(2), 440D
Allstate Life Insurance Co v ANZ Banking Group (1995) 57 FCR 360 referred to
Re Wakim; Ex parte McNally (1999) 198 CLR 511 referred toFIRST NETCOM PTY LIMITED v TELSTRA CORPORATION LIMITED
N 543 OF 2000
EMMETT J
20 OCTOBER 2000
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 543 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
FIRST NETCOM PTY LIMITED
APPELLANTAND:
TELSTRA CORPORATION LIMITED
RESPONDENTJUDGE:
EMMETT J
DATE OF ORDER:
20 OCTOBER 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. Telstra Corporation Limited be granted leave to use in proceeding No 3760 of 2000 in the Supreme Court of New South Wales paragraphs 1, 2 and 3 of the affidavit of Peter Bruce Raupach sworn 11 September 2000 and paragraphs 2(ii) and (iii) and annexures B and C of the affidavit of Peter Bruce Raupach sworn 13 September 2000, such uses to be limited to reliance on the information contained in those paragraphs for the purposes of:
(a) cross-examination;
(b) preparation of notice to produce;
(c) tendering against First Netcom Pty Limited; and
(c) reading as affidavits in that proceeding.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 543 OF 2000
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
FIRST NETCOM PTY LIMITED
APPELLANTAND:
TELSTRA CORPORATION LIMITED
RESPONDENT
JUDGE:
EMMETT J
DATE:
20 OCTOBER 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
In April 1997, Telstra Corporation Limited (“Telstra”) commenced proceedings against First Netcom Pty Limited (“First Netcom”) claiming $13.8 million. In June 1997, First Netcom filed a defence to Telstra’s claim and a cross-claim for approximately $37 million. First Netcom also sought an interlocutory injunction restraining Telstra from discontinuing the supply of telephone services to First Netcom. In effect First Netcom sought an interim mandatory judgment to compel Telstra to supply such services.
Upon the hearing of the application for interim relief, a judge of the Court granted an interlocutory mandatory injunction. A Full Court of this Court subsequently set aside those orders. Further orders were made by the primary judge in the nature of Mareva orders. Those orders were varied on appeal by a Full Court differently constituted. Following leave reserved by that Full Court for application to be made to vary the terms of the Mareva orders, an application for that…
Continue reading First Netcom Pty Ltd v Telstra Corporation Ltd
Sign in free to access the full text
- AGLC
- First Netcom Pty Ltd v Telstra Corporation Ltd [2000] FCA 1542
- Case
- [2000] FCA 1542
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether Telstra was entitled to use the specified affidavits under the circumstances outlined. The primary legal issue was whether the affidavits could be used for the purposes identified by Telstra, considering the potential impact on the rights and proceedings of First Netcom Pty Ltd. The court needed to balance Telstra's right to use the information contained in the affidavits against First Netcom Pty Ltd's right to protect its interests and maintain the integrity of the ongoing proceedings.
The court granted Telstra Corporation Limited leave to use the specified paragraphs and annexures of the affidavits in proceeding No 3760 of 2000. The court found that Telstra could rely on the information for cross-examination, preparation of notice to produce, and tendering against First Netcom Pty Ltd. The court's decision was based on the principle that Telstra's use of the affidavits was necessary to ensure a fair and just outcome in the other proceeding, and that such use would not unduly prejudice First Netcom Pty Ltd.
Orders
Orders of the court
1. Telstra Corporation Limited be granted leave to use in proceeding No 3760 of 2000 in the Supreme Court of New South Wales paragraphs 1, 2 and 3 of the affidavit of Peter Bruce Raupach sworn 11 September 2000 and paragraphs 2(ii) and (iii) and annexures B and C of the affidavit of Peter Bruce Raupach sworn 13 September 2000, such uses to be limited to reliance on the information contained in those paragraphs for the purposes of:
(a) cross-examination;
(b) preparation of notice to produce;
(c) tendering against First Netcom Pty Limited; and
(c) reading as affidavits in that proceeding.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: EMMETT J
Full text does not contain this section.