Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Specsavers Pty Ltd v Canstar Blue Pty Ltd [2010] FCA 1153 Citation: Specsavers Pty Ltd v Canstar Blue Pty Ltd [2010] FCA 1153
Parties: SPECSAVERS PTY LTD v CANSTAR BLUE PTY LTD
File number: NSD 1303 of 2010
Judge: EDMONDS J
Date of judgment: 28 October 2010
Catchwords: PRACTICE & PROCEDURE – application under O 15A r 6 of Federal Court Rules for preliminary discovery – conditions to be satisfied for relief and applicable principles – application of principles to facts. Held: applicant has no reasonable cause to believe it has or may have the right to relief for contravention of s 52 of Trade Practices Act 1974 (Cth); one or more of other conditions in paras (b) and (c) not satisfied.
Legislation: Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 15A r 6
Cases cited: Apache Northwest Pty Ltd v Newcrest Mining Ltd (2009) 182 FCR 124applied Benchmark Certification Pty Ltd v Standards Australia International Ltd (2004) 212 ALR 464 cited Echo Tasmania Pty Ltd v Imperial Chemical Industries Plc [2008] FCAFC 58cited Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2008) 169 FCR 435 cited St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 applied Stratford Sun Ltd v OM Holdings Ltd (2009) 74 ACSR 698 cited
Date of hearing: 11 October 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 56
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