Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alanco Australia Pty Ltd v Higgins (No 2) [2011] FCA 1063 Citation: Alanco Australia Pty Ltd v Higgins (No 2) [2011] FCA 1063
Parties: ALANCO AUSTRALIA PTY LTD (ACN 107 954 610) v PAUL HIGGINS, DANIEL JAMES GOLDING, DASCO SALES PTY LTD (ABN 96 596 234 852), OCNALA PTY LTD (ACN 092 928 884), HAROVAL PTY LTD (ACN 141 081 307) and ALAN FARLEY GOLDING
File number: WAD 257 of 2010
Judge: MCKERRACHER J
Date of judgment: 14 September 2011
Catchwords: PRACTICE AND PROCEDURE – discovery – application for further and better discovery – principles governing discovery – whether application constitutes 'fishing expedition' – party seeking further and better discovery must establish that there is a document or class of documents that are directly relevant to the issues raised in the proceedings
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M(1) Federal Court Rules O 14 r 5A Federal Court Rules 2011 r 20.12, r 20.14(2), 20.15
Date of hearing: Determined on the papers
Date of last submissions: 7 July 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Plaintiff: PJ Hannan
Solicitor for the Plaintiff: Foster Nicholson Legal
Counsel for the Second to Sixth Defendants: GD Cobby
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