FEDERAL COURT OF AUSTRALIA
Patrick v Capital Finance Pty Ltd (No 4) [2003] FCA 436
PRACTICE and PROCEDURE – application for further discovery relating to document discovered by fifth respondent in Victorian County Court proceeding – implied undertaking not to use discovered document for collateral purposes – whether release from undertaking is required – competing public interests – frank and full discovery – administration of justice – compliance with Court orders – whether document can be used in this proceeding – nature of document – relevance – context – circumstances in which document was produced – whether Court should grant further discovery
Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10 applied
Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Co (1882) 11 QBD 55 cited
Trade Practices Commission v Santos Ltd (1993) 42 FCR 203 cited
Distillers Co v Times Newspapers [1975] QB 613 at 621 cited
Australian Securities Commission v Ampolex Ltd (1995) 38 NSWLR 504 discussed
Geneva Finance Ltd (Rec and Mgr appointed) v Boys [2001] WASC 348 cited
North Kalgurli Mines Pty Ltd & Ors v GRD Minproc Ltd [2002] WASC 275 cited
Murex Diagnostics v Chiron Corp (No 2) (1995) 62 FCR 424 citedWILLIAM GEORGE DOUGHTY PATRICK (for himself and as representing the persons referred to in paragraph 1 of the Statement of Claim) v
CAPITAL FINANCE CORPORATION (AUSTRALASIA) PTY LIMITED
(ACN 074 692 443), CAPITAL FINANCE CORPORATION (AUSTRALASIA) PTY LIMITED (ACN 074 692 443), CAPITAL FINANCE CORPORATION (AUSTRALIA) PTY LIMITED (ACN 074 352 104), CAPITAL FINANCE CORPORATION PTY LIMITED, (ACN 064 512 385), KERROD GRANT PARK, OVERSEA-CHINESE BANKING CORPORATION LIMITED (ABN 073 598 035), CHRISTOPHER COOTE, PHILLIP EMANUEL PRODUCTIONS LIMITED (ACN 002 693 512)V 637 of 2001
TAMBERLIN J
SYDNEY (HEARD IN MELBOURNE)
16 MAY 2003
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 637 OF 2001
BETWEEN:
WILLIAM GEORGE DOUGHTY PATRICK
(for himself and as representing the persons referred to in paragraph 1 of the Statement of Claim)
APPLICANTAND:
CAPITAL FINANCE CORPORATION (AUSTRALASIA)
PTY LIMITED (ACN 074 692 443)
FIRST RESPONDENTCAPITAL FINANCE CORPORATION (AUSTRALIA)
PTY LIMITED (ACN 074 352 104)
SECOND RESPONDENTCAPITAL FINANCE CORPORATION PTY LIMITED
(ACN 064 512 385)
THIRD RESPONDENTKERROD GRANT PARK
FOURTH RESPONDENTOVERSEA-CHINESE BANKING CORPORATION LIMITED (ABN 073 598 035)
FIFTH RESPONDENTCHRISTOPHER COOTE
SIXTH RESPONDENTPHILLIP EMANUEL PRODUCTIONS LIMITED
(ACN 002 693 512)
SEVENTH RESPONDENTJUDGE:
TAMBERLIN J
DATE OF ORDER:
1 MAY 2003
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1. The Notice of Motion filed by the applicant on 15 April 2003 is dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 637 OF 2001
BETWEEN:
WILLIAM GEORGE DOUGHTY PATRICK
(for himself and as representing the persons referred to in paragraph 1 of the Statement of Claim)
APPLICANTAND:
CAPITAL FINANCE CORPORATION (AUSTRALASIA)
PTY LIMITED (ACN 074 692 443)
FIRST RESPONDENTCAPITAL FINANCE CORPORATION (AUSTRALIA)
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- Case
- [2003] FCA 436
- Decision Date
CaseChat Overview and Summary
The court's reasoning was grounded in the obligation to make frank and full discovery as per the Federal Court Rules. The court considered the nature of the document, its relevance, and the context in which it was produced. The court noted that the letter was drafted in response to specific advice given to OCBC following the collapse of a previous investment scheme and was not directly related to the current proceedings. The court held that the document could be considered for use in the current proceeding if it was shown to be relevant and ought to have been the subject of discovery. The court did not require the release of undertakings by the County Court as a precondition for making such an order.
In conclusion, the court dismissed the applicant's notice of motion for further discovery, finding that the letter in question did not need to be released from the undertakings given to the County Court. The court determined that the document could be considered for use in the current proceeding if it was relevant and ought to have been discovered.
Orders
Orders of the court
1. The Notice of Motion filed by the applicant on 15 April 2003 is dismissed.
Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: TAMBERLIN J
Full text does not contain this section.