Re Clarinda Pty Ltd (in liq)

Re Clarinda Pty Ltd (in liq) concerned an application by a liquidator seeking to use documents and information that had been produced under compulsion in a previous proceeding. The application was brought under section 27(3)(b) of the Civil Procedure Act 2010 (Vic) and the court’s inherent jurisdiction. The central issue before the court was whether the special circumstances required for the release of an obligation imposed in respect of documents and information used in a previous proceeding existed, and whether an appropriate Harman undertaking could be provided.

The court considered that for the release of such an obligation, special circumstances must be established. It was noted that documents and information required to have been produced under compulsion in a previous legal proceeding carry an implied undertaking that they will not be used for a purpose other than that legal proceeding. The court held that only it could release a party from this implied undertaking. The court found that the special circumstances existed in this case and that the applicant had provided an appropriate Harman undertaking.

Consequently, the court granted the application, permitting the liquidator to use the documents and information from the previous proceeding in the current proceeding. This decision underscores the stringent requirements for releasing a party from an implied undertaking regarding documents produced under compulsion and the court’s role in overseeing such releases. The final orders of the court allowed the liquidator to use the specified documents and information in the current proceeding, subject to the terms of the Harman undertaking provided.