FEDERAL COURT OF AUSTRALIA
Jensen v HFA Holdings Ltd [2008] FCA 1599
Federal Court Rules O 5 r 2(3)
Aveling v UBS Capital Markets Australia Holdings Ltd [2005] FCA 415
Gray v Associated Book Publishers (Aust) Pty Ltd (in liq) [2002] FCA 1045PAUL JENSEN v HFA HOLDINGS LIMITED and HFA ADMIN PTY LTD
NSD 2166 OF 2007
PERRAM J
17 OCTOBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 2166 OF 2007
BETWEEN:
PAUL JENSEN
Applicant
AND:
HFA HOLDINGS LIMITED
First RespondentHFA ADMIN PTY LTD
Second Respondent
JUDGE:
PERRAM J
DATE OF ORDER:
17 OCTOBER 2008
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The respondents/cross-claimants give discovery, by service of a list of documents verified by affidavit within 14 days of the date of these orders, of the following documents:
(a)minutes of all board meetings of the first respondent that occurred between 7 December 2006 and 18 September 2007;
(b)minutes of all board meetings of the second respondent that occurred between 7 December 2006 and 18 September 2007; and
(c)minutes of all board meetings of HFA Asset Management Limited that occurred between 7 December 2006 and 18 September 2007,
but limited in each instance to any minutes on which either respondent will rely, or which would support the applicant’s case or adversely affect any party’s case.
2.The respondents/cross-claimants be permitted to mask portions of any documents to be produced for inspection on discovery in accordance with order 1 on the basis of relevance.
3.The respondents/cross-claimants give discovery, by service of a list of documents verified by affidavit within 14 days of the date of these orders, of all documents coming within categories 15 and 16 as set out in the notice of motion filed on behalf of the applicant on 18 September 2008.
4.The applicant file and serve unsworn proofs of evidence from each proposed lay witness, and any expert’s report on which he proposes to rely, by 14 November 2008.
5.The respondents/cross-claimant file and serve unsworn proofs of evidence in reply and in support of the cross-claim from each proposed lay witness, and any expert reports on which they propose to rely, by 19 December 2008.
6.The applicant/cross-respondent file and serve unsworn proofs of evidence in reply by 13 February 2009.
7.The parties to serve a list of all documents which they propose to tender at the hearing by 27 February 2009.
8.The parties to provide copies of any documents on those lists requested by a party within seven days of the request.
9.The matter to be fixed for hearing with an estimate of five days at a date to be fixed.
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
NSD 2166 OF 2007
BETWEEN:
PAUL JENSEN
Applicant
AND:
HFA HOLDINGS LIMITED
First RespondentHFA ADMIN PTY LTD
Second Respondent
JUDGE:
PERRAM J
DATE:
17 OCTOBER 2008
PLACE:
SYDNEY
REASONS FOR…
Keep reading for free
Create a free CaseChat account to read Jensen v HFA Holdings Ltd 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
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2008] FCA 1599
- Decision Date
CaseChat Overview and Summary
The court was required to address several legal issues, including the scope and nature of the defendants' duties as directors and managers of the relevant companies, the appropriate standard of care and diligence expected of them, and the extent to which the plaintiff's claims were substantiated by the evidence. Further, the court had to determine the admissibility and relevance of certain documents and evidence that the parties sought to rely on during the proceedings.
In its decision, the court detailed the procedural steps that the parties were required to follow. It ordered the defendants to provide specific documents, including board meeting minutes from a particular period, and to mask irrelevant portions of these documents. The court also mandated that the plaintiff submit proofs of evidence from proposed witnesses and experts, and set deadlines for the defendants' and plaintiff's responses. Additionally, the court required the parties to list and share all documents they intended to tender at the hearing and established a timeline for the overall case management. The matter was scheduled for a five-day hearing, with the exact date to be determined later.
Orders
Orders of the court
1. The respondents/cross-claimants give discovery, by service of a list of documents verified by affidavit within 14 days of the date of these orders, of the following documents:
(a) minutes of all board meetings of the first respondent that occurred between 7 December 2006 and 18 September 2007;
(b) minutes of all board meetings of the second respondent that occurred between 7 December 2006 and 18 September 2007; and
(c) minutes of all board meetings of HFA Asset Management Limited that occurred between 7 December 2006 and 18 September 2007,
but limited in each instance to any minutes on which either respondent will rely, or which would support the applicant’s case or adversely affect any party’s case.
2. The respondents/cross-claimants be permitted to mask portions of any documents to be produced for inspection on discovery in accordance with order 1 on the basis of relevance.
3. The respondents/cross-claimants give discovery, by service of a list of documents verified by affidavit within 14 days of the date of these orders, of all documents coming within categories 15 and 16 as set out in the notice of motion filed on behalf of the applicant on 18 September 2008.
4. The applicant file and serve unsworn proofs of evidence from each proposed lay witness, and any expert’s report on which he proposes to rely, by 14 November 2008.
5. The respondents/cross-claimant file and serve unsworn proofs of evidence in reply and in support of the cross-claim from each proposed lay witness, and any expert reports on which they propose to rely, by 19 December 2008.
6. The applicant/cross-respondent file and serve unsworn proofs of evidence in reply by 13 February 2009.
7. The parties to serve a list of all documents which they propose to tender at the hearing by 27 February 2009.
8. The parties to provide copies of any documents on those lists requested by a party within seven days of the request.
9. The matter to be fixed for hearing with an estimate of five days at a date to be fixed.
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: PERRAM J
Full text does not contain this section.