Paget and Dubois

Case

[2013] FCCA 1746

8 November 2013


Details
AGLC Case Decision Date
PAGET & DUBOIS [2013] FCCA 1746 [2013] FCCA 1746 8 November 2013

CaseChat Overview and Summary

In the matter of *Paget and Dubois*, heard by Judge Burchardt, the applicant sought an order compelling the respondent to provide a customer authority. This authority was necessary for the applicant to make enquiries with a specified bank regarding any accounts held by the respondent during the years 2009 and 2010. The precise nature of the underlying dispute necessitating these enquiries was not detailed in the provided text.

The central legal issue before the Court was whether it had the power to compel the respondent to furnish the customer authority as requested by the applicant. This involved considering the Court's jurisdiction and the appropriate circumstances for making such an order, particularly in relation to facilitating investigations into potential financial matters.

Judge Burchardt ordered that the respondent provide the applicant with the required customer authority. This would permit the applicant to make enquiries with the bank concerning any accounts held by the respondent in 2009 or 2010. The Court stipulated that the applicant would bear the costs associated with these enquiries, unless a further order was made by the Court.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Discovery

  • Costs

  • Injunction

  • Remedies

Actions
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Cases Citing This Decision

1

Ritchie and Hodgkinson [2017] FCCA 1882
Cases Cited

11

Statutory Material Cited

5

Ritter & Ritter [2020] FamCAFC 86
Pelerman v Pelerman [2000] FamCA 881
Ting & Fingal [2013] FamCA 29