Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirella Pty Ltd v Hooper [1999] FCA 1839 PRACTICE AND PROCEDURE - Preliminary discovery – need for reasonable inquiries – whether reasonable inquiries had been made – whether evidence sufficient to identify parties – whether should have enquired of prospective party or consulted publicly available documents – campaign to oppose large scale development – whether sufficient evidence to make a decision to commence proceedings against ascertained persons or entities, directors, consultants, agents
Trade Practices Act 1974 (Cth) Federal Court Rules O 15A rr 3 and 6 Kirella Pty Limited v Hooper (1999) 161 ALR 447 followed Airservices Australia v Transfield (1999) 164 ALR 330 followed Hooper v Kirella Pty Ltd (1999) 167 ALR 358 followed Paxus Services Ltd v People Bank Pty Ltd (1990) 20 IPR 79, 99 ALR 728 cited Aitken v Neville Jeffress Pidler Pty Ltd (1991) 33 FCR 418 cited Concrete Constructions Group Pty Ltd v Commonwealth (Sheppard J, 22 April 1996, unreported) cited KIRELLA PTY LIMITED v KENNETH FRANCIS HOOPER, HOOPER COMMUNICATIONS PTY LTD, KATHERINE MAYSON AND JIM PHOTIOS
N 1036 OF 1999 TAMBERLIN J SYDNEY 23 DECEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1036 OF 1999
BETWEEN: KIRELLA PTY LIMITED (ACN 079 721 127)
APPLICANT
AND: KENNETH FRANCIS HOOPER
FIRST RESPONDENT
HOOPER COMMUNICATIONS PTY LTD (ACN 060 554 805)
SECOND RESPONDENT
KATHERINE MAYSON
THIRD RESPONDENT
JIM PHOTIOS
FOURTH RESPONDENT
JUDGE: TAMBERLIN J
DATE OF ORDER: 23 DECEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate