Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coffey Information Pty Limited v Cullen [2015] FCA 28 Citation: Coffey Information Pty Limited v Cullen [2015] FCA 28
Parties: COFFEY INFORMATION PTY LIMITED v ALAN CULLEN, DANE CULLEN, GLEN RICHARDSON, JASON LEE and QUALTEST LABORATORY (NSW) PTY LIMITED (ACN 153 268 896)
File number: NSD 173 of 2013
Judge: FARRELL J
Date of judgment: 30 January 2015
Catchwords: PRACTICE AND PROCEDURE – application for order for discovery – alleged misuse of confidential information by prospective respondents – whether reasonable belief that prospective applicant may be entitled to relief – whether more than suspicion or assertion – whether insufficient information to determine whether to commence proceedings – whether prospective respondents have relevant material – whether reasonable enquiries undertaken by prospective applicant – exercise of discretion
Legislation: Corporations Act 2001 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: EBOS Group Pty Ltd v Team Medical Supplies Pty Ltd (No 3) (2012) 199 FCR 533 Ebos Group Pty Ltd v Team Medical Supplies Pty Ltd [2011] FCA 862 Higgins v Hancock (2011) 199 FCR 395 Smith Kline & French Laboratories (Aust) Limited v Secretary, Department of Community Services and Health (1990) 22 FCR 73 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360 Uni-Span Height Safety Pty Ltd v Gold Guardrail Pty Ltd [2009] FCA 819
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