Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Forty Two International Pty Limited v Barnes (No 2) [2011] FCA 210 Citation: Forty Two International Pty Limited v Barnes (No 2) [2011] FCA 210
Parties: FORTY TWO INTERNATIONAL PTY LIMITED ACN 095 622 889, BLUEFREEWAY LIMITED ACN 122 262 819 and THE GANG OF 4 PTY LIMITED ACN 095 624 678 v KIM BARNES and LEE HAWKSLEY
File number(s): NSD 2018 of 2008
Judge: YATES J
Date of judgment: 11 March 2011
Catchwords: PRACTICE AND PROCEDURE – application for discovery of documents – discovery required to inform the making of an election between remedies – whether contemplation of the possibility of joining additional parties following discovery constitutes a collateral or improper purpose PRACTICE AND PROCEDURE – application for discovery of documents – whether proper basis established for discovery – whether the discovery sought is based on issues raised by the pleadings or on matters that are speculative or hypothetical
Legislation: Corporations Act 2001 (Cth) Fair Trading Act 1987 (NSW)
Cases cited: Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136 Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 4) (2010) 269 ALR 76 Colbeam Palmer Ltd v Stock Affiliates Pty Ltd (1968) 122 CLR 25 Dorajay Pty Ltd v Aristocrat Leisure Limited [2005] FCA 588 Dr Martens Australia Pty Ltd v Bata Shoe Co of Australia Ltd (1997) 75 FCR 230 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No 2) (1998) 29 ACSR 290 F Hoffmann-La Roche AG v Chiron Corporation (2000) 171 ALR 295 LED Builders Pty Ltd v Eagle Homes Pty Ltd (No 3) (1996) 70 FCR 436 McIlwain v Ramsey Food Packaging Pty Ltd (2005) 221 ALR 785 Minnesota Mining & Manufacturing Co v C Jeffries Pty Limited (1992) 37 FCR 294
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