Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - Federal Court Rules O 15A r 6 - application for discovery from a prospective respondent - whether there is reasonable cause to believe the applicant may have a right to obtain relief - suspicion that sale of applicant's shares took place at an undervalue - alleged breach of retainer by accountant - alleged misleading and deceptive conduct. Trade Practices Act 1974 (Cth), s 52 Fair Trading Act 1987 (NSW), s 42, s 68 Federal Court Rules, O 15A r 6 Julius v Lord Bishop of Oxford (1880) 5 App Cas 214 cited. Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106 cited. Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728 followed. Aiken v Neville Jeffress Pidler Pty Ltd (Gummow J, 20 Dec 1991, unreported) cited. Concrete Constructions Group Pty Ltd v Commonwealth of Australia (Sheppard J, 22 April 1996, unreported) cited. Ricegrowers Co-operative Limited v ABC Containerline NV (Tamberlin J, 31 July 1996, unreported) cited. Taco Company of Australia Inc v Taco Bell Pty Ltd (1982) 42 ALR 177 followed. ERIC JOSEF GLOWATZKY v INSULTECH GROUP PTY LIMITED & ANOR NG 316 of 1997 BRANSON J SYDNEY 2 OCTOBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 316 of 1997
BETWEEN: ERIC JOSEF GLOWATZKY
Applicant
AND: INSULTECH GROUP PTY LIMITED (acn 003 988 841)
First Respondent
MICHAEL CARL WATSON t/as WATSON & PROUD
Second Respondent
JUDGE: BRANSON J
DATE OF ORDER: 2 OCTOBER 1997
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 316 of 1997
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