Strang Aniokaka Limited v Lihir Gold Limited (No 2) [2010] FCA 1065

FEDERAL COURT OF AUSTRALIA

Strang Aniokaka Limited v Lihir Gold Limited (No 2) [2010] FCA 1065

Citation: Strang Aniokaka Limited v Lihir Gold Limited (No 2) [2010] FCA 1065

Parties: STRANG ANIOKAKA LIMITED and STRANG INTERNATIONAL PTY LTD v LIHIR GOLD LIMITED ABN 78 069 803 998

File number: NSD 343 of 2010

Judge: RARES J

Date of judgment: 1 October 2010

Catchwords: DISCOVERY – preliminary discovery – application under O 15A r 6 of the Federal Court Rules – reasonableness of belief in possible contravention of s 52 of the Trade Practices Act 1974 (Cth) – reasonableness of belief in possible knowing participation in dishonest and fraudulent design – reasonableness of belief in possible tortious interference with contractual relationship – power to grant relief under O 15A r 6 discretionary – rule should be beneficially construed, but such an order should not be made lightly

DISCOVERY – preliminary discovery – jurisdiction of court to grant relief under O 15A r 6 of the Federal Court Rules – threshold question – applicant must have right to obtain relief in the Court – applicant's claim for relief under s 82 of the Trade Practices Act 1974 (Cth) only source of Court's jurisdiction – whether conduct complained of was within the meaning of "conduct in trade or commerce" in s 4(1) of the Act – trading operations conducted by Papua New Guinea corporations with each other only in Papua New Guinea with no connection to Australia – some e-mail or letter correspondence or copied to and from addressees or senders in Australia concerning trade or commerce in Papua New Guinea insufficient