Hodder & Associates Pty Ltd v National Mutual Trustees Ltd [1999] FCA 708

FEDERAL COURT OF AUSTRALIA

Hodder & Associates Pty Ltd v National Mutual Trustees Ltd [1999] FCA 708 PRACTICE AND PROCEDURE – preliminary discovery – Federal Court Rules, O 15A, r 6 – whether there is reasonable cause to believe applicant may have right to obtain relief – whether all reasonable inquiries have been made – whether applicant has sufficient information to enable decision to be made to commence proceedings. Trade Practices Act 1974 (Cth) s 52 George v Rockett (1990) 170 CLR 104 at 115-116 referred to Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728 at 732-733 referred to Minister for Health & Aged Care v Harrington Associates Ltd [1999] FCA 549 referred to

PETER HODDER & ASSOCIATES PTY LTD (ACN 065 295 954) (Representing Growers under Seymour Softwoods Trust & Ors) & ORS v NATIONAL MUTUAL TRUSTEES LIMITED (ACN 004 029 841)

V119 of 1999 WEINBERG J 6 MAY 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 119 OF 1999

BETWEEN: PETER HODDER & ASSOCIATES PTY LTD

(ACN 065 295 954)

(Representing Growers under Seymour Softwoods Trust & Ors)

First Applicant

IAN ROBERT HUNTER

(Representing Growers under Seymour Softwoods Trust No 2 & Ors)

Second Applicant

TREVOR CLAUSCEN

(Representing Growers under Seymour Softwoods Trust No 3 & Ors)

Third Applicant

ARIF FAREED

(Representing Growers under Seymour Softwoods Trust No 4 & Ors)

Fourth Applicant

AND: NATIONAL MUTUAL TRUSTEES LIMITED

(ACN 004 029 841)

Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 6 MAY 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for discovery from a prospective respondent, and the motion, notice of which was given on 18 March 1999, be dismissed. 2. The applicants pay 50 per cent of the respondent's costs of and incidental to the application, including reserved costs if any.