Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Carnegie Corporation Limited v Pursuit Dynamics Plc [2007] FCA 1010
PRACTICE AND PROCEDURE – service out of the jurisdiction – preliminary discovery – power to grant leave to serve application for preliminary discovery out of the jurisdiction – whether application for preliminary discovery an originating process – whether an originating process in a proceeding for which leave can be granted – no power to grant leave on bases sought – discretionary considerations against grant of leave – preliminary discovery relating to claim essentially based in breach of contract – peripheral and elusive trade practices claim – choice of English law clause in contract - factor in favour of refusal of leave Trade Practices Act 1974 (Cth) Patents Act 1990 (Cth) Judiciary Act 1903 (Cth) s 39B(1A) Federal Court Act 1976 (Cth) s 4 Evidence (Proceedings in other Jurisdictions) Act 1975 (UK) Federal Court Rules O 8 Air Services Australia v Transfield Pty Ltd (1999) 92 FCR 200 cited Kirella Pty Ltd v Hooper (1999) 92 FCR 90 cited Hooper v Kirella Pty Ltd (1999) 167 ALR 358 cited Re Sherlock (1991) 102 ALR 156 cited Re Austral Oil Estates Ltd (in liq) (1986) 86 FLR 247 cited Fiorentino v Irons (1997) 79 FCR 327 cited Re Interchase Corporation Ltd (1996) 68 FCR 481 cited Pasadale Pty Ltd v Concrete Constructions (1995) 59 FCR 446 cited Re Strarch International Ltd (in liq) [2005] FCA 829 cited CARNEGIE CORPORATION LIMITED (ACN 009 237 736), NEW MILLENIUM ENGINEERING PTY LIMITED AND ALAN ROBERT BURNS v PURSUIT DYNAMICS Plc AND PURSUIT MARINE DRIVE LIMITED WAD 107 OF 2007
FRENCH J
4 JULY 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 107 OF 2007
BETWEEN: CARNEGIE CORPORATION LIMITED (ACN 009 237 736)
First Applicant
NEW MILLENIUM ENGINEERING PTY LIMITED
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