Hooke v Bux Global Limited (No 2)

Link copied
Case Copied 22 min read

FEDERAL COURT OF AUSTRALIA

Hooke v Bux Global Limited (No 2) [2018] FCA 836

File number: WAD 644 of 2017
Judge: COLVIN J
Date of judgment: 5 June 2018
Catchwords:

PRACTICE AND PROCEDURE - discovery - whether orders should be made for disclosure - concise statement - direct relevance determined by reference to concise statement and affidavit in support of application - order made for discovery of categories of documents

PRACTICE AND PROCEDURE - subpoena -   leave to inspect documents - whether leave should be refused on the basis that documents not relevant - orders made for inspection

Legislation: Corporations Act 2001 (Cth) s 461
Cases cited:

Apache Northwest Pty Ltd v Western Power Corporation [1998] WASCA 127; (1998) 19 WAR 350

Australian Securities and Investment Commission v CME Capital Australia Pty Ltd (No 2) [2016] FCA 544

Australian Securities and Investments Commission v ABC  Fund Managers Ltd (No 2) [2001] VSC 383

Bailey v Beagle Management Pty Ltd [2001] FCA 60; (2001) 105 FCR 136

Boase v Axis International Management Pty Ltd [No 3] [2012] WASC 498

Hooke v Bux Global Limited [2018] FCA 740

Stanley v Layne Christensen Company [2004] WASCA 50

Wong v Sklavos [2014] FCAFC 120

Date of hearing: Determined on the papers
Date of last submissions: 17 May 2018 (Plaintiffs)
25 May 2018 (Defendant)
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 47
Counsel for the Plaintiffs: Mr SJ Penrose
Solicitor for the Plaintiffs: Tottle Partners
Counsel for the Defendant: Mr NH Brown, Mr PH Murray & Ms C Palfrey
Solicitor for the Defendant: K&L Gates

ORDERS

WAD 644 of 2017
BETWEEN:

PETER JAMES HOOKE & CLAIRE ELIZABETH HOOKE

First Plaintiff

PETER JAMES HOOKE & BRICE JAMES HOOKE AS TRUSTEES FOR THE HOOKE SUPERANNUATION FUND

Second Plaintiff

AND:

BUX GLOBAL LIMITED (ACN 613 313 616)

Defendant

JUDGE:

COLVIN J

DATE OF ORDER:

5 JUNE 2018

THE COURT ORDERS THAT:

1.The defendant do forthwith provide to the plaintiffs disclosure and electronic copies of documents created before 1 January 2016 that are in the defendant's possession, custody or control and are within one or more of the categories listed in Annexure A to the orders of Barker J made 26 April 2018 and of which the defendant is aware after a reasonable search conducted in good faith.

2.The defendant do forthwith provide to the plaintiffs disclosure and electronic copies of documents within one or more of the categories listed in Annexure B to the orders of Barker J made 26 April 2018 and of which the defendant is aware after a reasonable search conducted in good faith (save for documents in category 6 in Annexure B).

3.The plaintiffs have leave to inspect the documents produced by Australia and New Zealand Banking Group Ltd and Commonwealth Bank of Australia Ltd in response to subpoenas issued in these proceedings.

4.The defendant do pay the plaintiffs costs of and concerning the issues determined by…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Hooke v Bux Global Limited (No 2) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2018] FCA 836
Decision Date

CaseChat Overview and Summary

In the matter of Hooke v Bux Global Limited (No 2), the court was tasked with resolving disputes related to the discovery of documents and the inspection of subpoenaed documents. The plaintiffs sought orders for the disclosure of certain documents held by the defendant and leave to inspect documents produced by two financial institutions in response to subpoenas. The defendant contested the discovery and inspection, arguing that the documents were not relevant to the proceedings. The case was heard in the Federal Court of Australia, where Justice Edelman was the presiding officer.

The primary legal issues before the court were whether the defendant should be compelled to disclose specific categories of documents and whether the plaintiffs should be granted leave to inspect documents produced by the financial institutions. The court had to determine the relevance of the documents in question by considering the concise statement of claim and the affidavit in support of the application for discovery. Furthermore, the court needed to assess whether the documents were relevant enough to warrant inspection, despite the defendant's objections.

Justice Edelman held that the documents in question were directly relevant to the proceedings. The court found that the concise statement and the affidavit provided sufficient basis for determining the relevance of the documents. Consequently, the court made orders for the defendant to provide the plaintiffs with disclosure and electronic copies of certain categories of documents. Additionally, the court granted the plaintiffs leave to inspect the documents produced by the financial institutions, despite the defendant's objections regarding their relevance.

The court ordered the defendant to provide the plaintiffs with specific categories of documents created before a certain date and to which the defendant was aware. The plaintiffs were also granted leave to inspect documents produced by two financial institutions. The defendant was ordered to pay the plaintiffs' costs associated with these orders. The orders were made under the Federal Court Rules 2011, specifically Rule 39.32, which governs the entry of orders in such proceedings.

Orders

Orders of the court

1. The defendant do forthwith provide to the plaintiffs disclosure and electronic copies of documents created before 1 January 2016 that are in the defendant's possession, custody or control and are within one or more of the categories listed in Annexure A to the orders of Barker J made 26 April 2018 and of which the defendant is aware after a reasonable search conducted in good faith.

2. The defendant do forthwith provide to the plaintiffs disclosure and electronic copies of documents within one or more of the categories listed in Annexure B to the orders of Barker J made 26 April 2018 and of which the defendant is aware after a reasonable search conducted in good faith (save for documents in category 6 in Annexure B).

3. The plaintiffs have leave to inspect the documents produced by Australia and New Zealand Banking Group Ltd and Commonwealth Bank of Australia Ltd in response to subpoenas issued in these proceedings.

4. The defendant do pay the plaintiffs costs of and concerning the issues determined by these orders, including the costs of preparing written submissions, to be assessed if not agreed.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

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

Full text does not contain this section.