Alstom Power Limited v Eraring Energy [2009] FCA 681

FEDERAL COURT OF AUSTRALIA

Alstom Power Limited v Eraring Energy [2009] FCA 681

COSTS – application for pre-action discovery – respondent objected on basis that documents sought already discovered in separate arbitration proceedings and that any claims should be pursued in arbitration – application successful – costs reserved – discovery made – no proceedings subsequently pursued in the Federal Court – claims unsuccessfully pursued in arbitration – on balance, no order as to costs

Trade Practices Act 1974 (Cth) Federal Court of Australia Act 1976 (Cth) s 50 Federal Court Rules

Alstom Power Limited v Eraring Energy [2004] FCA 706 Home Office v Harman [1981] QB 534 cited C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 cited Cappuccio v Australia & New Zealand Banking Group Ltd [1999] FCA 1188 cited Esso Australian Resources v Plowman (1995) 183 CLR 10 cited

ALSTOM POWER LIMITED (ACN 000 038 237) v ERARING ENERGY (ABN 31 357 688 069) and PACIFIC POWER (SUBSIDIARY NO 1) PTY LIMITED (ACN 003 424 691)

SAD 836 of 2003

MANSFIELD J

23 JUNE 2009

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 836 of 2003

BETWEEN: ALSTOM POWER LIMITED (ACN 000 038 237)

Applicant

AND: ERARING ENERGY (ABN 31 357 688 069)

First Respondent

PACIFIC POWER (SUBSIDIARY NO 1) PTY LIMITED

(ACN 003 424 691)

Second Respondent

JUDGE: MANSFIELD J

DATE OF ORDER: 23 JUNE 2009

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Each party bear its own costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 836 of 2003

BETWEEN: ALSTOM POWER LIMITED (ACN 000 038 237)