Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 291 Citation: Alliance Craton Explorer Pty Ltd v Quasar Resources Pty Ltd [2012] FCA 291
Parties: ALLIANCE CRATON EXPLORER PTY LTD (ACN 095 337 385) v QUASAR RESOURCES PTY LTD (ACN 101 227 070) and HEATHGATE RESOURCES PTY LTD (ACN 011 018 232)
File number: SAD 180 of 2009
Judge: MANSFIELD J
Date of judgment: 4 April 2012
Date of orders: 26 March 2012
Date of hearing: 22 and 23 February 2010
Place: Adelaide
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 100
Counsel for the Applicant: Mr RJ Whitington QC and Mr SC Roberts
Solicitor for the Applicant: Finlaysons as agents for HWL Ebsworth Lawyers
Counsel for the First Respondent: Mr M Hoffmann QC
Solicitor for the First Respondent: Minter Ellison Lawyers
Counsel for the Second Respondent: Mr J Karkar QC and Mr K Day
Solicitor for the Second Respondent: Freehills
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 180 of 2009
BETWEEN: ALLIANCE CRATON EXPLORER PTY LTD (ACN 095 337 385)
Applicant
AND: QUASAR RESOURCES PTY LTD (ACN 101 227 070)
First Respondent
HEATHGATE RESOURCES PTY LTD (ACN 011 018 232)
Second Respondent
JUDGE: MANSFIELD J DATE OF ORDER: 26 MARCH 2012 WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The application for pre-action discovery is refused. 2. The application for declaratory orders as to the entitlement of the applicant to have access to the specified records of the respondents or either of them is refused. 3. The applicant pay to the respondent their costs of the application to be taxed. 4. The time in which any appeal, or application for leave to appeal, if leave to appeal is required in respect of Order 1 hereof is required, shall be 28 days from the date of publication of the reasons for the orders made this date. 5. The applicant have leave, if so advised, to amend the application and file and serve a statement of claim seeking any substantive relief. 6. Liberty to any party to apply within 21 days to vary or discharge order 5 hereof. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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