Norcast S.ár.l. v Bradken Limited [2011] FCA 1293

FEDERAL COURT OF AUSTRALIA

Norcast S.ár.l. v Bradken Limited [2011] FCA 1293 Citation: Norcast S.ár.l. v Bradken Limited [2011] FCA 1293

Parties: NORCAST S.ÁR.L. v BRADKEN LIMITED

File number(s): VID 978 of 2011

Judge: MIDDLETON J

Date of judgment: 8 November 2011

Legislation: Competition and Consumer Act 2010 (Cth) Federal Court Rules 2011

Date of hearing: 8 November 2011

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 29

Counsel for the Applicant: Mr C Scerri QC with Mr M Borsky

Solicitor for the Applicant: Allens Arthur Robinson

Counsel for the Respondent: Mr M H O'Bryan

Solicitor for the Respondent: Mallesons Stephen Jaques

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 978 of 2011

BETWEEN: NORCAST S.ÁR.L.

Applicant

AND: BRADKEN LIMITED

Respondent

JUDGE: MIDDLETON J DATE: 8 NOVEMBER 2011 PLACE: MELBOURNE

REASONS FOR JUDGMENT

INTRODUCTION 1 The prospective applicant ('Norcast') applies for preliminary discovery by the prospective respondent ('Bradken'), under r 7.23 of the Federal Court Rules 2011 ('the Rules'). 2 Discovery is sought, it is said, to inform and assist Norcast in making its decision whether to bring a proceeding against Bradken in this Court to obtain relief for contraventions of the Competition and Consumer Act 2010 (Cth) ('the Act'). 3 The possible contraventions of the Act include cartel conduct by bid-rigging, misleading or deceptive conduct, and the acquisition of shares having the effect, or likely to have the effect, of substantially lessening competition in a market in Australia.