Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bonham v Iluka Resources Limited [2017] FCAFC 95 Appeal from: Application for leave to appeal: Bonham v Iluka Resources Limited [2015] FCA 713
File number: TAD 34 of 2015
Judges: FOSTER, YATES AND GLEESON JJ
Date of judgment: 9 June 2017
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from a decision of a single judge of the Federal Court denying an application for preliminary discovery by a prospective applicant – whether prospective applicant had reasonable basis for a belief that he may have a right to obtain relief in the Court –whether evidence of prospective applicant's subjective belief required – nature of evidence required to establish subjective belief – whether discretion ought to be exercised against the grant of the application by virtue of actions of the whether prospective applicant's solicitors that were not authorised by the prospective applicant – leave to appeal granted – appeal allowed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Competition and Consumer Act 2010 (Cth) Trade Practices Act 1974 (Cth) Federal Court Rules 2011
Cases cited: City of Botany Bay Council v Jazabas Pty Ltd [2001] NSWCA 94 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 655; (1991) 33 FCR 397 Echo Tasmania Pty Ltd v Imperial Chemical Industries PLC [2008] FCAFC 58 North East Equity Pty Ltd v Proud Nominees Pty Ltd [2012] FCAFC 1; (2012) 285 ALR 217 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; (2004) 211 ALR 147
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