Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cape Australia Holdings Pty Ltd v Iannello [2009] FCA 709
PRACTICE AND PROCEDURE – application for preliminary discovery under O 15A r 3 and O 15A r 6 of the Federal Court Rules – no evidence that the applicants were contemplating bringing a claim within the original jurisdiction of the Court – whether relief available under O 15A – whether evidence sufficient to demonstrate that there was reasonable cause to believe the applicants had a right to obtain relief. Federal Court of Australia Act (Cth) s 50 Federal Court Rules O 15A r 3, r 6 Autodata Limited v Boyce's Automatic Data Pty Limited [2007] FCA 1517 Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited (No 2) (2007) 163 FCR 372 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2008) 169 FCR 435 Wright v Gasweld Pty Ltd (1991) 22 NSWLR 317 Jones v Dunkel (1959) 101 CLR 298 CAPE AUSTRALIA HOLDINGS PTY LTD (ACN 126 824 397) and TOTAL CORROSION CONTROL PTY LTD (ACN 008 994 616) v DARREN IANNELLO
WAD 219 of 2008
SIOPIS J
2 JULY 2009
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
general division WAD 219 of 2008
BETWEEN: CAPE AUSTRALIA HOLDINGS PTY LTD
(ACN 126 824 397)
First Applicant
TOTAL CORROSION CONTROL PTY LTD (ACN 008 994 616)
Second Applicant
AND: DARREN IANNELLO
Respondent
JUDGE: SIOPIS J
DATE OF ORDER: 2 JULY 2009
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The applicants' application filed on 10 October 2008 is dismissed. 2. The applicants are to pay the respondent's costs. 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
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