Matrix Film Investment One Pty Limited v Alameda Films LLC [2006] FCA 591

FEDERAL COURT OF AUSTRALIA

Matrix Film Investment One Pty Limited v Alameda Films LLC [2006] FCA 591 PRACTICE & PROCEDURE – preliminary discovery – extensive documentation produced by respondents – whether information produced sufficient to enable a decision as to commencement of proceedings – preliminary reports by consultants to applicants - whether reasonable cause to believe applicant may have cause of action in the Court Federal Court Rules, O 15A r 6

St George Bank v Rabo Australia Ltd (2004) 211 ALR 147, cited Glencore International AG v Selwyn Mines Ltd (2005) FCA 801, cited Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] (unreported, No. NG 351 of 1996) cited C7 Pty Limited v Foxtel Management Pty Ltd [2001] FCA 1864 cited MATRIX FILM INVESTMENT ONE PTY LIMITED, MATRIX FILM INVESTMENT TWO PTY LIMITED, EWENISSA PTY LIMITED AND JACKIMORT PTY LIMITED v ALAMEDA FILMS LLC, WARNER BROS ENTERTAINMENT INC AND WARNER BROS PICTURES INC. NSD 1679 OF 2005 TAMBERLIN J SYDNEY 19 MAY 2006

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1679 OF 2005

BETWEEN: MATRIX FILM INVESTMENT ONE PTY LIMITED

FIRST APPLICANT

MATRIX FILM INVESTMENT TWO PTY LIMITED

SECOND APPLICANT

EWENISSA PTY LIMITED

THIRD APPLICANT

JACKIMORT PTY LIMITED

FOURTH APPLICANT

AND: ALAMEDA FILMS LLC

FIRST RESPONDENT

WARNER BROS ENTERTAINMENT INC

SECOND RESPONDENT

WARNER BROS PICTURES INC

THIRD RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 19 MAY 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.