Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Betts Group Pty Ltd v Paul's Retail Pty Ltd [2007] FCA 1983
PRACTICE AND PROCEDURE – particular discovery – springing order for alleged failure to provide particular discovery – challenge to admissibility of affidavit and list of discovery completed in accordance with court rules and form – alleged failure to identify sources and bases of information and belief Held: application dismissed. Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 15 r 6(1), O 15 r 8 Re JL Young Manufacturing Co Ltd [1900] 2 Ch 753 Mulley v Manifold (1959) 103 CLR 341 Sharpe v Smail (1975) 5 ALR 377 Westpoint Management Pty Ltd v Goakes [2002] WASCA 317 BETTS GROUP PTY LTD ACN 008 675 929 v PAUL'S RETAIL PTY LTD ACN 114 419 242 WAD 353 OF 2006
MCKERRACHER J
12 DECEMBER 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 353 OF 2006
BETWEEN: BETTS GROUP PTY LTD
ACN 008 675 929
Applicant
AND: PAUL'S RETAIL PTY LTD
ACN 114 419 242
Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 12 DECEMBER 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The applicant's motion for a springing order be dismissed. 2. The applicant to pay the respondent's costs of the motion to be taxed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 353 OF 2006
BETWEEN: BETTS GROUP PTY LTD
ACN 008 675 929
Applicant
AND: PAUL'S RETAIL PTY LTD
ACN 114 419 242
Respondent
JUDGE: MCKERRACHER J
DATE: 12 DECEMBER 2007
PLACE: PERTH
REASONS FOR JUDGMENT 1 The applicant (Betts) applies for a springing order for judgment based on the respondent's (Paul's) alleged failure to comply with an order made by the Court on 18 October 2007 for it to supply further particular discovery. Paul's says that it has complied with the order, has provided the further particular discovery and there is no proper basis for challenging the further affidavit of discovery.
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