Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited (No 2) [2007] FCA 1510

FEDERAL COURT OF AUSTRALIA

Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited (No 2) [2007] FCA 1510

DISCOVERY ‑ preliminary discovery ‑ whether an applicant is entitled to "identity discovery" under O 15A r 3 of the Federal Court Rules where information is sought in respect of the conduct of identified persons ‑ whether the applicant had made reasonable inquiries under O 15A r 3 ‑ whether the Court should exercise its discretion to permit the oral examination of a person under O 15A r 3 Federal Court Rules O 15A rr 1, 3, 6, 7 Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited [2007] FCA 578 National Education Advancement Programs (NEAP) Pty Ltd v Ashton (1995) 128 FLR 334 G Breschi & Son Pty Ltd v AFT Ltd [1988] VR 109 Austal Ships Pty Ltd (ACN 079 160 679) v Thurlow (No 2) [2007] FCA 202 Barnes v Commissioner of Taxation [2007] FCAFC 88 LYNX ENGINEERING CONSULTANTS PTY LTD (ACN 059 949 469) v THE ANI CORPORATION LIMITED TRADING AS ANI BRADKEN RAIL TRANSPORTATION GROUP (ACN 000 421 358), BRADKEN RESOURCES PTY LTD (ACN 098 300 988) AND BRADKEN LIMITED (ACN 108 693 009) WAD 219 OF 2006

SIOPIS J

28 SEPTEMBER 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 219 OF 2006

BETWEEN: LYNX ENGINEERING CONSULTANTS PTY LTD (ACN 059 949 469)

Applicant

AND: THE ANI CORPORATION LIMITED TRADING AS ANI BRADKEN RAIL TRANSPORTATION GROUP (ACN 000 421 358)

First Respondent

BRADKEN RESOURCES PTY LTD (ACN 098 300 988)

Second Respondent

BRADKEN LIMITED (ACN 108 693 009)

Third Respondent

JUDGE: SIOPIS J

DATE OF ORDER: 28 SEPTEMBER 2007

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1 The applicant's notice of motion dated 7 May 2007 is dismissed. 2 The applicant is to pay the costs of the respondent to the notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.