Takemoto v Moody's Investors Service Pty Limited [2014] FCA 1403

FEDERAL COURT OF AUSTRALIA

Takemoto v Moody's Investors Service Pty Limited [2014] FCA 1403 Citation: Takemoto v Moody's Investors Service Pty Limited [2014] FCA 1403 Appeal from: Application for leave to appeal: Takemoto v Moody's Investors Service Pty Limited [2014] FCA 1081

Parties: KAZUMI TAKEMOTO v MOODY'S INVESTORS SERVICE PTY LIMITED

File number: NSD 1093 of 2014

Judge: ALLSOP CJ

Date of judgment: 1 December 2014

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal refused – no question of principle

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) r 16.21 Trade Practices Act 1974 (Cth)

Date of hearing: 1 December 2014

Place: Sydney

Division: GENERAL DIVISION Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr J Berwick

Solicitor for the Applicant: Craddock Murray Neumann Lawyers

Counsel for the Respondent: Mr C Bova

Solicitor for the Respondent: King & Wood Mallesons

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1093 of 2014

BETWEEN: KAZUMI TAKEMOTO

Applicant

AND: MOODY'S INVESTORS SERVICE PTY LIMITED

Respondent

JUDGE: ALLSOP CJ DATE OF ORDER: 1 DECEMBER 2014 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the applicant to amend the interlocutory application for leave to appeal to include a prayer for leave to appeal from Order 3 of the Orders made on 28 October 2014. 2. On or before 4:00 pm on 2 December 2014, the applicant file and serve (a) an amended application for leave to appeal; and (b) submissions of no more than four (4) pages (without incorporation of other submissions by reference) that deal with (i) any asserted error of the primary judge; (ii) identification with precision what material must be examined to assess that asserted error; and (iii) any other consideration as to why leave should be granted. 3. On or before 4:00 pm on 8 December 2014, the respondent file and serve submissions of no more than four (4) pages as to why leave should be refused. 4. Leave to appeal against Orders 1 and 2 of the Orders made on 28 October 2014 be refused. 5. The applicant pay the costs of the respondent of the interlocutory application to date. 6. The hearing of the amended application for leave to appeal be stood over to a date to be fixed in consultation by the parties jointly with the Associate to Allsop CJ. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.