Glencore International AG v Selwyn Mines Limited [2005] FCA 801

FEDERAL COURT OF AUSTRALIA

Glencore International AG v Selwyn Mines Limited [2005] FCA 801

PRACTICE AND PROCEDURE – preliminary discovery – not available where sole purpose to enable decision to be made whether judgment likely to be enforceable against respondent – not available against third party but only against the party from whom applicant may have a right to obtain relief – meaning of 'reasonable cause to believe that the applicant has or may have the right to obtain relief'.

Federal Court Rules O 15A r 6

Hooper v Kirella Pty Ltd (1999) 96 FCR 1 cited Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 391 cited Gulf Petroleum (WA) Ltd v Tah Land Pty Ltd [2001] FCA 1531 cited Minister for Health and Aged Care v Harrington Associates Ltd [1999] FCA 549 cited C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 cited

GLENCORE INTERNATIONAL AG v

SELWYN MINES LIMITED & ORS NSD 1811 OF 2004 LINDGREN J 17 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1811 OF 2004

BETWEEN: GLENCORE INTERNATIONAL AG

APPLICANT

AND: SELWYN MINES LIMITED

(RECEIVERS AND MANAGERS APPOINTED)

FIRST RESPONDENT

SELWYN OPERATIONS PTY LIMITED

(RECEIVERS AND MANAGERS APPOINTED)

(IN LIQUIDATION)

SECOND RESPONDENT

SELWYN QUEENSLAND PTY LIMITED

(RECEIVERS AND MANAGERS APPOINTED)

(IN LIQUIDATION)

THIRD RESPONDENT

BANK OF WESTERN AUSTRALIA LIMITED

FOURTH RESPONDENT

WILLIAM JAMES HOWE

FIFTH RESPONDENT

GRAEME HOGAN