Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Traxys Europe SA v Balaji Coke Industry Pvt Ltd (No 3) [2012] FCA 585 Citation: Traxys Europe SA v Balaji Coke Industry Pvt Ltd (No 3) [2012] FCA 585
Parties: TRAXYS EUROPE SA v BALAJI COKE INDUSTRY PVT LTD and BOOYAN COAL PTY LIMITED (ACN 115 420 598)
File number: NSD 1490 of 2011
Judge: FOSTER J
Date of judgment: 5 June 2012
Legislation: International Arbitration Act 1974 (Cth), s 8(3) Federal Court Rules 2011, rr 9.05, 10.42, 10.43
Cases cited: Traxys Europe SA v Balaji Coke Industry Pvt Ltd (No 2) [2012] FCA 276 related
Date of hearing: 5 June 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Mr JRJ Lockhart SC
Solicitor for the Applicant: Clifford Chance
Solicitor for the First Respondent: Ms R Kidd of McCullough Robertson Lawyers
Counsel for the Second Respondent: The Second Respondent did not appear
Solicitor for the Second Respondent: The Second Respondent is no longer represented by a solicitor
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1490 of 2011
BETWEEN: TRAXYS EUROPE SA
Applicant
AND: BALAJI COKE INDUSTRY PVT LTD
First Respondent
BOOYAN COAL PTY LIMITED (ACN 115 420 598)
Second Respondent
JUDGE: FOSTER J DATE OF ORDER: 5 JUNE 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Order 8 of the Orders dated 12 April 2012 be vacated. 2. The "Confidentiality Regime" annexed to these orders and marked "A" (Confidentiality Regime) applies in relation to documents produced or discovered by the first respondent in the proceeding. 3. The applicant serve on the first respondent a copy of each confidentiality undertaking given in accordance with Schedule 1 of the Confidentiality Regime within 14 days of its execution. 4. All extant Notices to Produce issued to the first respondent be listed before a Registrar on 27 June 2012. 5. Any application by the first respondent in relation to the Notices to Produce referred to in Order 4 above, together with any affidavit in support, be filed and served by 20 June 2012. 6. The applicant file any Further Amended Originating Application joining Concast Exim Ltd (Concast) to the proceeding pursuant to r 9.05 of the Federal Court Rules 2011 by 8 June 2012. 7. The applicant be granted leave pursuant to r 10.43 of the Federal Court Rules 2011 to serve any Amended Originating Application referred to in Order 6 above on Concast in India by serving a copy at the registered address of Concast. 8. The proceeding be listed for further directions at 9.30 am on 18 July 2012 before Foster J. 9. The parties have liberty to apply on three (3) days' notice. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. "A" Traxys Europe SA ("Traxys") v Balaji Coke Industry Pvt Ltd ("Balaji") & Anor Federal Court Proceedings No NSD 1490 of 2011 CONFIDENTIALITY REGIME Immediate Production
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