Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gearhart United Pty Ltd v Omni Oil Technologies (Asia) SDN BHD [2010] FCA 401 Citation: Gearhart United Pty Ltd v Omni Oil Technologies (Asia) SDN BHD [2010] FCA 401
Parties: GEARHART UNITED PTY LTD (ACN 007 968 701) v OMNI OIL TECHNOLOGIES (ASIA) SDN. BHD. and PREMIUM CASING SERVICES PTY LTD (ACN 007 424 259)
File number: SAD 31 of 2010
Judge: BESANKO J
Date of judgment: 29 April 2010
Catchwords: PRACTICE AND PROCEDURE – application to serve outside the jurisdiction an application for discovery from prospective respondents – whether application for discovery is originating process under O 8 of Federal Court Rules – whether Court has jurisdiction – whether proceeding is of a kind mentioned in O 8 r 2 – whether applicant has prima facie case for relief claimed Held: application allowed – the term originating process in O 8 has a broad meaning – application for discovery from prospective respondents considered together with possible substantive proceeding in determining whether proceeding is of a kind mentioned in O 8 r 2.
Legislation: Constitution s 77(i) Federal Court of Australia Act 1976 (Cth) s 4 Federal Court Rules O 1 r 4, O 8 rr 2, 3, 4, O 15A rr 3, 6, 12
Cases cited: Carnegie Corporation Limited v Pursuit Dynamics Plc (2007) 162 FCR 375 not followed Hooper v Kirella Pty Ltd; Transfield Pty Ltd v Airservices Australia (1999) 96 FCR 1 cited Western Bulk Carriers (Australia) Pty Ltd v Cosco Bulk Carrier Co Ltd [2002] FCA 1520 followed
Date of hearing: 13 April 2010
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