Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
E D Oates Pty Ltd v Edgar Edmondson Imports [2012] FCA 607 Citation: ED Oates Pty Ltd v Edgar Edmondson Imports [2012] FCA 607
Parties: E D OATES PTY LTD (ACN 004 329 462) v EDGAR EDMONDSON IMPORTS PTY LTD (ACN 002 921 888)
File number: VID 721 of 2011
Judge: KENNY J
Date of judgment: 8 June 2012
Catchwords: PRACTICE AND PROCEDURE - application for an examination of third parties under O 15A r 3 of the Federal Court Rules 1979 (Cth) - applicant seeking information to assist it to determine whether it has certain causes of action against a number of identified and unidentified persons - application not within ambit of O 15A r 3 - no reasonable inquiries made prior to application - application dismissed.
Legislation: Federal Court Rules 1979 (Cth) Designs Act 1906 (Cth)
Cases cited: E D Oates Pty Ltd v Edgar Edmondson Imports Pty Ltd [2012] FCA 356 Cape Australia Holdings Pty Ltd v Iannello [2009] FCA 709 Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited (No 2) (2007) 163 FCR 372 Hooper v Kirella Pty Ltd (1999) 96 FCR 1 G Breschi & Son Pty Ltd v AFT Ltd [1988] VR 109 National Education Advancement Programs (NEAP) Pty Ltd v Ashton (1995) 128 FLR 334 Austal Ships Pty Ltd v Thurlow (No 2) [2007] FCA 202 C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864
Date of hearing: 8 June 2012
Place: Melbourne
Division: GENERAL DIVISION
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