Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Minister for Health & Aged Care v Harrington Associates Ltd [1999] FCA 549 PRACTICE AND PROCEDURE – preliminary discovery – Federal Court Rules, O 15A, r 6 –- whether there is reasonable cause to believe the applicant may have a right to obtain relief - whether all reasonable inquiries have been made – whether applicant has insufficient information to enable a decision to be made to commence proceedings.
National Health Act 1953 (Cth), ss 67, 67A Health Legislation Amendment Act (No 2) 1998 (Cth), s 3, Sch 1 National Health Regulations 1953 (Cth), regs 47(1), 48(2A) Federal Court Rules, O 15A, r 6 Australian Health Insurance Association Ltd v Esso Australia Ltd (1993) 41 FCR 450, followed Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd, unreported, Lindgren J, 26 May 1999, discussed and followed Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728, applied Glowatzky v Insultech Group Pty Ltd, unreported, Branson J, 2 October 1997, cited CCA Beverages (Adelaide) Limited v Hansford, unreported, O'Loughlin J, 15 November 1991, followed Sancella Pty Ltd v Johnson & Johnson Pacific Pty Ltd [1998] FCA 1177, cited
MINISTER FOR HEALTH & AGED CARE v HARRINGTON ASSOCIATES LTD & ANOR
N 333 OF 1999
JUDGE: SACKVILLE J PLACE: SYDNEY DATE: 4 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 333 OF 1999
BETWEEN: MINISTER FOR HEALTH AND AGED CARE
Applicant
AND: HARRINGTON ASSOCIATES LTD
First Respondent
HARRINGTON (SILVER CROSS INSURANCE) ASSOCIATES PTY LTD
Second Respondent
JUDGE: SACKVILLE J
DATE OF ORDER: 4 MAY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be stood over until 6 May 1999, at 9.30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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