Sekisui Rib Loc Australia Pty Ltd (ACN 008 040 800) v Plastream Pipe Technologies Pty Ltd (ACN 111 107 852) [2010] FCA 813

FEDERAL COURT OF AUSTRALIA

Sekisui Rib Loc Australia Pty Ltd (ACN 008 040 800) v Plastream Pipe Technologies Pty Ltd (ACN 111 107 852) [2010] FCA 813 Citation: Sekisui Rib Loc Australia Pty Ltd (ACN 008 040 800) v Plastream Pipe Technologies Pty Ltd (ACN 111 107 852) [2010] FCA 813

Parties: SEKISUI RIB LOC AUSTRALIA PTY LTD (ACN 008 040 800) v PLASTREAM PIPE TECHNOLOGIES PTY LTD (ACN 111 107 852)

File number: SAD 100 of 2010

Judge: LANDER J

Date of judgment: 26 July 2010

Catchwords: PRACTICE AND PROCEDURE – preliminary discovery from prospective respondent – whether there was reasonable cause to believe the applicant might obtain relief in the Court from the prospective respondent – whether the applicant had relied on any misrepresentation by the prospective respondent so as to make out a claim under s 52 of the Trade Practices Act 1974 (Cth). Held: Application dismissed – applicant did not make out reasonable cause ground of the application – applicant had not relied on any misrepresentation and would not be entitled to relief.

Legislation: Federal Court Rules 1979 (Cth) O 15A r 6 Trade Practices Act 1974 (Cth) s 52

Date of hearing: 26 July 2010

Place: Adelaide

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 24

Counsel for the Applicant: Mr N Floreani

Solicitor for the Applicant: Richard Pryor & Associates

Counsel for the Respondent: Mr S Doyle

Solicitor for the Respondent: Allens Arthur Robinson

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION SAD 100 of 2010