Foley v Gunns Limited ACN 009 478 148 [2012] FCA 595

FEDERAL COURT OF AUSTRALIA

Foley v Gunns Limited ACN 009 478 148 [2012] FCA 595 Citation: Foley v Gunns Limited ACN 009 478 148 [2012] FCA 595

Parties: SEAN FOLEY (IN HIS OWN RIGHT AND AS REPRESENTATIVE OF THE GROUP MEMBERS) v GUNNS LIMITED ACN 009 478 148

File number: NSD 499 of 2011

Judge: PERRAM J

Date of judgment: 8 June 2012

Catchwords: PRACTICE AND PROCEDURE – Discovery – application for suspension of discovery – whether an order shifting the costs of discovery might be appropriate – whether changing the procedure by which discovery is provided is inappropriate when the initial procedure is well advanced

Legislation: Rules of the Supreme Court 1883 (UK) O 31, rr 25-27 Daniell's Chancery Practice (Stevens and Sons, 8th ed, 1914)

Date of hearing: 18, 30 May 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

Counsel for the Applicant: N Hutley SC, M Pesman

Solicitor for the Applicant: Maurice Blackburn

Counsel for the Respondent: S Nixon

Solicitor for the Respondent: Ashurst Australia

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 499 of 2011

BETWEEN: SEAN FOLEY (IN HIS OWN RIGHT AND AS REPRESENTATIVE OF THE GROUP MEMBERS)

Applicant

AND: GUNNS LIMITED ACN 009 478 148

Respondent

JUDGE: PERRAM J DATE OF ORDER: 8 JUNE 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The respondent's interlocutory application be dismissed. 2. The respondent pay the applicant's costs as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.