Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leighton Contractors Pty Limited (ABN 98 000 893 667) v Page Kirkland Management Pty Limited (ABN 46 097 111 245) [2006] FCA 288
PRACTICE AND PROCEDURE – application for discovery – Order 15A r 6 of the Federal Court Rules– whether there is reasonable cause to believe applicant has or may have right to obtain relief against respondent – whether even after making all reasonable enquiries applicant has insufficient information to decide whether to commence proceeding – whether there is reasonable cause to believe respondent is likely to have documents relating to whether applicant has right to obtain relief.
Federal Court Rules, O 15A r 6 LEIGHTON CONTRACTORS PTY LIMITED (ABN 98 000 893 667) v PAGE KIRKLAND MANAGEMENT PTY LIMITED (ABN 46 097 111 245) & ANOR NSD1340 OF 2004 EMMETT J 23 MARCH 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1340 OF 2004
BETWEEN: LEIGHTON CONTRACTORS PTY LIMITED
(ABN 98 000 893 667)
APPLICANT
AND: PAGE KIRKLAND MANAGEMENT PTY LIMITED
(ABN 46 097 111 245)
RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 23 MARCH 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. 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 NSD1340 OF 2004
BETWEEN: LEIGHTON CONTRACTORS PTY LIMITED
(ABN 98 000 893 667)
APPLICANT
AND: PAGE KIRKLAND MANAGEMENT PTY LIMITED
(ABN 46 097 111 245)
RESPONDENT
JUDGE: EMMETT J
DATE: 23 MARCH 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This proceeding has had a chequered history, which it is not necessary for me to recount. Originally, there were numerous respondents but the proceeding has been disposed of against all of them but the present respondent, Page Kirkland Management Pty Limited ('PKM'). The proceeding came before me originally in my capacity as List Judge, following the untimely death of Hill J. 2 The applicant, Leighton Contractors Pty Limited ('Leighton'), seeks orders for preliminary discovery by PKM, pursuant to Order 15A rule 6 of the Federal Court Rules. Leighton seeks discovery in order to determine whether it has a right to obtain relief in the Court from PKM in connection with a contract made by Leighton on 26 August 2002 concerning the design, construction and completion of work at the Capitol Centre, 255-259 Pitt Street, Sydney, which includes the Sydney Hilton ('the Contract'). The other parties to the contract were Admiral I Pty Limited, Admiral II Pty Limited and Admiral III Pty Limited (together 'the Principal'). Under the Contract, Leighton was required to design, construct and complete the Works (as defined) and maintain a certain part of the Works. The Principal was to pay Leighton the Contract Sum (as defined). PKM was involved in the Contract as Superintendent.
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