Federal Court of Australia
FEDERAL COURT OF AUSTRALIA St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360
PRACTICE AND PROCEDURE – preliminary discovery – Federal Court Rules Order 15A rule 6 – whether reasonable cause to believe that applicant has or may have right to obtain relief – asserted claims for breach of warranty, misleading or deceptive conduct and breach of fiduciary duty – low threshold requirement for reasonable belief, however belief must amount to more than a mere possibility or speculation – entitlement to preliminary discovery in order for applicant to ascertain defences available to respondent – representations made as to future financial circumstances – onus on respondent to show reasonableness of future representations – preliminary discovery appropriate in relation to future representations – application for preliminary discovery otherwise denied TRADE PRACTICES – misleading or deceptive conduct – representations as to future financial circumstances – burden of proof
Federal Court Rules Order 15A rule 6 Trade Practices Act 1974 (Cth) s 51A, 52 Australian Securities & Insurance Commission Act (Cth) s 12BB(2),12DA Airservices Australia v Transfield Pty Ltd (1999) 92 FCR 200 cited Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391; BC 9602085 cited Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136 cited CGU Insurance Ltd v Malaysia International Shipping Corp Berhad (2001) 187 ALR 279 cited Glowatzky v Insultech Group Pty Ltd (1997) 39 IPR 215 cited Gull Petroleum (WA) Ltd v Tah Land Pty Ltd [2001] FCA 1531 cited Hooper v Kirella Pty Ltd (1999) 96 FCR 1 cited John Holland Services Pty Ltd v Terranora Group Management Pty Ltd [2004] FCA 679 cited Malouf v Malouf [1999] FCA 710 cited Minister for Health & Aged Care v Harrington Associates Ltd [1999] FCA 549 cited Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728 cited Quanta Software International Pty Ltd v Computer Management Services Pty Ltd (2000) 175 ALR 536 cited UBAF Ltd v European American Banking Corporation [1984] QB 713 cited Miller's Annotated Trade Practices Act (25th Ed, 2004) ST GEORGE BANK LTD v RABO AUSTRALIA LTD & ANOR N 750 OF 2004 HELY J 22 OCTOBER 2004 SYDNEY
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