Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 (No 2) [2008] FCA 1006

FEDERAL COURT OF AUSTRALIA

Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 (No 2) [2008] FCA 1006

PRACTICE & PROCEDURE – application to set aside ex parte order granting leave to serve examination summons outside Australia – challenge to finding that an examination summons is an 'originating process' for the purposes of O 8 – previous consistent decisions said to be in error - request that single judge reserve the application to set aside the order as a question for the consideration of the Full Court pursuant to s 25(6) of the Federal Court of Australia Act – judge's discretion to reserve a question – decision already made and acted upon – reservation to Full Court declined Held: application dismissed. Federal Court of Australia Act 1976 (Cth) ss 4, 25(6) Federal Court Rules O 8 r 1, O 8 r 2, O 8 r 3 Austral Oil Estate Ltd (in liquidation), Re (1986) 86 FLR 247 Barton v Westpac Banking Corporation (1983) 50 ALR 397 BP Exploration Co (Libya) Ltd v Hunt [1980] 1 NSWLR 496 Carnegie Corporation Ltd v Pursuit Dynamics plc (2007) 162 FCR 375 Caterpillar Inc v John Deere Limited (No 2) [2000] FCA 1903 Deposit and Investment Company Ltd, Re (1991) 30 FCR 463 Dexcam Australia Pty Ltd v Deputy Commissioner of Taxation [1999] FCA 1784 Fiorentino v Irons (1997) 79 FCR 327 Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 [2008] FCA 762 In the matter of Strarch International Limited (ACN 004 779 677 (In Liquidation) [2005] FCA 829 Interchase Corporation Ltd, Re (1996) 68 FCR 481 K Mart Australia Ltd v Commissioner of Taxation [1995] FCA 760 National Australia Bank Ltd v Stern [2000] FCA 588 The News Corporation Ltd v Fenfest Communications Inc [1996] NSWSC 474 Tycoon Holdings Pty Ltd and Kangarilla Pty Ltd v Trencor Jetco Inc and Mole Engineering Pty Ltd [1992] FCA 380 IN THE MATER OF NEW TEL LIMITED (IN LIQUIDATION) ACN 009 068 955 FREEHILLS v ANDREW GRANVILLE WALLER