Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coogee Chemicals Pty Ltd v BHP Billiton Petroleum (Bass Strait) Pty Ltd [2006] FCA 1820
DISCOVERY – further discovery – sufficiency of evidence to ground order – relevance to pleaded issues Trade Practices Act 1974 (Cth), s 52 Federal Court Rules Order 15 rule 2(3) Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 2) [2006] FCA 1001 COOGEE CHEMICALS PTY LTD (ACN 008 747 500) AND MOGAL MARINE PTY LTD (ACN 088 125 571) AND COOGEE ENERGY PTY LTD v BHP BILLITON PETROLEUM (BASS STRAIT) PTY LTD (ACN 004 228 004) AND BHP BILLITON PETROLEUM PTY LTD (ACN 006 918 832) WAD 81 OF 2003
GILMOUR J
22 DECEMBER 2006
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD81 OF 2003
BETWEEN: COOGEE CHEMICALS PTY LTD (ACN 008 747 500) AND MOGAL MARINE PTY LTD (ACN 088 125 571)
First Applicant
COOGEE ENERGY PTY LTD (ACN 092 473 795)
Second Applicant
AND: BHP BILLITON PETROLEUM (BASS STRAIT) PTY LTD (ACN 004 228 004)
First Respondent
BHP BILLITON PETROLEUM PTY LTD (ACN 006 918 832)
Second Respondent
BHP BILLITON PETROLEUM (BASS STRAIT) PTY LTD (ACN 004 228 004) AND BHP BILLITON PETROLEUM PTY LTD (ACN 006 918 832)
Cross Claimants
COOGEE CHEMICALS PTY LTD (ACN 008 747 500) AND MOGAL MARINE PTY LTD (ACN 088 125 571)
Cross Respondents
JUDGE: GILMOUR J
DATE OF ORDER: 22 DECEMBER 2006
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Paragraphs 1 and 2 of the motion filed on 4 December 2006 be dismissed. 2. The time set by order 1 of the orders of District Registrar Jan made on 8 September 2006 for the First and Second Respondents to file and serve any further written reports of experts on which they intend to rely be extended to 19 February 2007. 3. The proceeding be adjourned for further directions at 9.30 am on 13 March 2007. 4. The Respondents pay the Applicants' costs of the motion. 5. Parties have liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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