Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Global Intertrade Pty Ltd v Adelaide Festival Centre Trust [1999] FCA 162
PRACTICE AND PROCEDURE - discovery - Federal Court Rules O 15A r 6 - form of affidavit verifying documents to be governed by O 15 rr 2 and 6 - whether individual making discovery affidavit qualified and had knowledge of facts - nature of inquiries necessary to give proper discovery.
Federal Court Rules O 15A r 6; O 15 r2(2); O15 r 9
Trade Practices Act 1974 (Cth) s 51A
Fair Trading Act 1987 (SA) s 54
Re McGorm; Ex parte Co-operative Building Society of South Australia (1989) 20 FCR 387 applied
GLOBAL INTERTRADE PTY LTD v ADELAIDE FESTIVAL CENTRE TRUST
SG 125 OF 1998
MANSFIELD J
ADELAIDE
26 FEBRUARY 1999
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 125 OF 1998
BETWEEN: GLOBAL INTERTRADE PTY LTD
Proposed Applicant
AND: ADELAIDE FESTIVAL CENTRE TRUST
Proposed Respondent
JUDGE: MANSFIELD J
DATE: 25 FEBRUARY 1999
PLACE: ADELAIDE
THE COURT ORDERS THAT:
1. A further affidavit of discovery be filed and served by Adelaide Festival Centre Trust in accordance with the form prescribed by O 15 r 6 of the Federal Court Rules within twenty-eight days.
2. The time within which any application for leave to appeal or any appeal from these reasons may be brought shall run from 26 February 1999.
3. Proposed respondent to pay proposed applicant's costs to be taxed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SG 125 OF 1998
BETWEEN: GLOBAL INTERTRADE PTY LTD
Proposed Applicant
AND: ADELAIDE FESTIVAL CENTRE TRUST
Proposed Respondent
JUDGE: MANSFIELD J
DATE: 26 FEBRUARY 1999
PLACE: ADELAIDE
REASONS FOR DECISION
1 On 17 December 1998, I made orders under O 15A r 6 of the Federal Court Rules ("the Rules") for pre action discovery of particular categories of documents.
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