Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandhurst Trustees Limited v Clarke [2014] FCA 841 Citation: Sandhurst Trustees Limited v Clarke [2014] FCA 841
Appeal from: Application for leave to appeal: Clarke v Sandhurst Trustees Limited [2014] FCA 580
Parties: SANDHURST TRUSTEES LIMITED ABN 16 004 030 737 v GRAEME CLARKE and MARION CLARKE
File numbers: QUD 294 of 2014
Judge: RANGIAH J
Date of judgment: 24 July 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal decision of Federal Court granting discovery to prospective applicant pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – whether orders granting preliminary discovery are final in substance – whether question of leave to appeal ought to be heard and determined by a Full Court
Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(1A) and 25(2)(e) Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 cited DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Echo Tasmania Pty Ltd v Imperial Chemical Industries PLC [2008] FCAFC 58 cited Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 104 FCR 564 cited Malouf v Malouf (1999) 86 FCR 134 cited Minogue v Williams [2009] FCA 125 cited Optiver Australia Pty Ltd v Tibra Trading Pty Ltd (2007) 163 FCR 554 cited Petroulias v Commissioner of Taxation [2011] FCA 795 cited Wills v Australian Broadcasting Commission (2009) 173 FCR 284 cited Zoia v Commonwealth Ombudsman Department (2007) 240 ALR 624 cited
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