Metso Minerals (Australia) Ltd v Kalra [2009] FCAFC 57

FEDERAL COURT OF AUSTRALIA

Metso Minerals (Australia) Ltd v Kalra [2009] FCAFC 57 PRACTICE AND PROCEDURE – search order – access not granted to seized documents – application for leave to appeal – whether substantial injustice PRACTICE AND PROCEDURE – access to seized documents – whether Court has discretion to grant access under Order 25B of the Federal Court Rules Federal Court of Australia Act 1976 (Cth), s 23, s 50 Federal Court Rules, O 15A, O 25B Bucyrus Australia Pty Limited v ANI Mining Service Limited [1999] FCA 1193 METSO MINERALS (AUSTRALIA) LTD ACN 000 197 428 and ANOR v KALRA and ORS

NSD 2014 of 2008

EMMETT, JACOBSON & PERRAM JJ

24 APRIL 2009

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2014 of 2008

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: METSO MINERALS (AUSTRALIA) LTD ACN 000 197 428

First Appellant

METSO MINERALS INDUSTRIES INC

Second Appellant

AND: RAJIV KALRA

First Respondent

MICHAEL RAUSCHER

Second Respondent

TUCKWOOD DRAFTING PTY LTD ACN 072 552 526

Third Respondent

STEVEN TUCKWOOD

Fourth Respondent

CITIC HIC AUSTRALIA PTY LTD ACN 127 812 131

Fifth Respondent

JUDGES: EMMETT, JACOBSON & PERRAM JJ

DATE OF ORDER: 24 APRIL 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application for leave to appeal be dismissed. 2. The Applicants pay the costs of the Respondents and the Third Parties. 3. Pursuant to s 50 of the Federal Court of Australia Act 1976 access to Part C of the Appeal Papers be limited to counsel and external solicitors for the parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA