Malouf v Malouf [1999] FCA 710

FEDERAL COURT OF AUSTRALIA Malouf v Malouf [1999] FCA 710 PRACTICE AND PROCEDURE – preliminary discovery – application for leave to appeal - Federal Court Rules, O 15A, r 6 –- whether reasonable cause to believe the applicant may have a right to obtain relief - whether applicant has insufficient information to enable a decision to be made to commence proceedings

Federal Court of Australia Act 1976 (Cth), s 24(1A)

Federal Court Rules, O 15A r 6, O 52 r 5

Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728, cited Minister for Health & Aged Care v Harrington Associates Ltd [1999] FCA 549, cited Eyota Pty Ltd v Hanave Pty Ltd (1994) 12 ACSR 785, cited Rohalo Pharmaceutical Pty Ltd v R P Scherer SpA (1994) 15 ACSR 347, cited

WARWICK MALOUF v JOHN MALOUF & ORS NG 1426 of 1998 JUDGES: TAMBERLIN, SACKVILLE, KATZ JJ PLACE: SYDNEY DATE: 27 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1426 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WARWICK GEORGE STRAUSS MALOUF

Applicant

AND: JOHN GEORGE STRAUSS MALOUF

First Respondent

PAMELA MARY STRAUSS MALOUF

Second Respondent

OSMAL (HOLDINGS) PTY LTD

Third Respondent

JUDGE: TAMBERLIN, SACKVILLE, KATZ JJ

DATE: 27 MAY 1999

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be refused. 2. The applicant pay the respondents' costs of the application. 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 1426 OF 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: WARWICK GEORGE STRAUSS MALOUF

Applicant

AND: JOHN GEORGE STRAUSS MALOUF