Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Anglo Coal (Dawson Management) Pty Ltd v Greig [2011] FCA 941 Citation: Anglo Coal (Dawson Management) Pty Ltd v Greig [2011] FCA 941
Parties: ANGLO COAL (DAWSON MANAGEMENT) PTY LTD (ACN 006 746 701) v JOHN LETHBRIDGE GREIG and NICHOLAS HARWOOD
File number: QUD 37 of 2011
Judge: COLLIER J
Date of judgment: 18 August 2011
Catchwords: PRACTICE AND PROCEDURE – Order 15A rule 6 Federal Court Rules – application for pre-action discovery – possible claim against liquidators of company for involvement in breach of section 52(1) Trade Practices Act 1974 (Cth) – rental agreement between applicant and company for lease of excavator to applicant – excavator on mining site – contractual provision for demobilisation of excavator by company – payment of demobilisation charge by applicant – failure of company to demobilise excavator – whether applicant satisfies criteria required by Order 15A rule 6(a), (b) and (c) – relevant principles – extent of order
Legislation: Corporations Act 2001 (Cth) Pt 5.3A, s 477 Trade Practices Act 1974 (Cth) ss 52, 82 Federal Court Rules O 15A r 6
Cases cited: Aitken v Neville Jeffress Pidler Ltd (1991) 33 FCR 418 cited Alphapharm Pty Limited v Eli Lilly Australia Pty Limited [1996] FCA 1500 cited Benchmark Certification Pty Ltd v Standards Australia International Ltd (2004) 212 ALR 464 cited C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 cited Caltex Refining Co Pty Limited v Amalgamated Metal Workers Union [1990] FCA 483 cited CCA Beverages (Adelaide) Ltd v Hansford (unreported, O'Loughlin J, 15 November 1991) cited Glowatzky v Insultech Group Pty Ltd (1997) 39 IPR 215 cited Hooper v Kirella Pty Ltd [1999] FCA 1584 cited MacDonald v Department of Employment and Workplace Relations [2003] FCA 631 cited Minister for Health & Aged Care v Harrington Associates Ltd [1999] FCA 549 cited Paxus Services Ltd v People Bank Pty Ltd (1990) 99 ALR 728 cited St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147 cited Telstra Corporation Ltd v Minister for Broadband, Communications and the Digital Economy (2008) 166 FCR 64 cited WR Pateman Pty Limited v Walker Corporation Pty Limited [1990] FCA 26 cited
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