Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
CGU Insurance Limited v Malaysia International Shipping Corporation Berhad [2001] FCA 1223 ORDERS – whether discovery order should be set aside – liberty to apply – interests of justice – discretion – preliminary discovery order made on application in extreme urgency DISCOVERY – preliminary discovery – whether to commence proceedings – salvage – general average – cargo claims – vessel grounded on Great Barrier Reef – application for inspection of vessel – removal of documents from the vessel – application for discovery of documents – whether all reasonable inquiries had been made prior to application for discovery
Federal Court Rules O 15A rr 6 and 12, O 35 r 7 Trade Practices Act 1974 (Cth) s 52
Qantas Airways Ltd v Cameron (No 2) (1996) 68 FCR 367 referred to Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 referred to Brimaud v Honeysett Instant Print Pty Ltd (McLelland J, SCNSW, 19 September 1988, unreported) applied Darling Harbourside (Sydney) Pty Ltd v Sanirise Pty Ltd (Beaumont, Carr and Sackville JJ, FCA, 17 May 1996, unreported) referred to Global Intertrade Pty Ltd v Adelaide Festival Centre Trust [1998] FCA 1649 referred to Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd (Lindgren J, FCA, 24 May 1996, unreported) considered Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728 referred to W R Pateman Pty Ltd v Walker Corporation Pty Ltd (1990) ATPR 41-016 considered CGU INSURANCE LIMITED AND ZURICH AUSTRALIA INSURANCE LIMITED, ROYAL & SUN ALLIANCE AUSTRALIA INSURANCE LIMITED, CHUBB INSURANCE COMPANY OF AUSTRALIA LIMITED, AMERICAN HOME ASSURANCE COMPANY, CERTAIN UNDERWRITERS AT LLOYDS, PHREAR RUGS v MALAYSIA INTERNATIONAL SHIPPING CORPORATION BERHAD N 1266 OF 2000 TAMBERLIN J SYDNEY 5 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1266 OF 2000
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