Federal Court of Australia
201 , 16
JUDGMENT NO. ..scsriscssesscsel soosecsnsees
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 728 of 1996 ) )
GENERAL DIVISION
BETWEEN : PLUIM CONSTRUCTIONS PTY LIMITED Applicant AND: TUGGERAH BUSINESS PARK PTY LIMITED
First Respondent
TERRACE TOWER GROUP PTY
LIMITED Second Respondent
TERRACE TOWER PTY LIMITED Third Respondent
PATRICK HOULAHAN Fourth Respondent
PATRICK HOULAHAN AND 08 JUL 1999 ASSOCIATES PTY LIMITED
FEDERAL COURT OF Fifth Respondent AUSTRALIA
Raorerny J_S NOMINEES PTY LIMITED
Sixth Respondent
LANLEX NO 117 PTY LIMITED Seventh Respondent
VINCENT TRAD Eighth Respondent
COURT : LOCKHART, O'LOUGHLIN, MOORE JU DATE: 26 NOVEMBER 1996 PLACE: SYDNEY
REASONS FOR JUDGMENT THE COURT This is an application for leave to appeal from the judgment of a Judge of the Court (Branson J.) given on 8 November 1996. Her Honour dismissed an application by the applicant for orders for preliminary discovery against the
respondents pursuant to order 15A rule 6.
There is a serious question as to whether leave is necessary because, on one view of the matter, an order dismissing an application under order 15A rule 6 is a final order. However, it has been agreed between the parties that the Court should not only hear argument on the application, but it should deal with the appeal as well. This may give rise to an inherent procedural problem as there is no notice of appeal before the Court (which technically, of course,
there cannot be). We shall say more about that later.
The dispute between the parties arises out of a building contract involving a substantial sum of money which appears to have been between the applicant and the first respondent. It has all the hallmarks of a classic building case on a large scale. Her Honour considered the prospective causes of action and set them out in her judgment, in particular at page 7. She dealt with each of the assertions that was made before her
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