Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Allphones Retail Pty Ltd v Optus Networks Pty Limited [2016] FCA 1233 File number(s): NSD 1632 of 2015
Judge(s): JAGOT J
Date of judgment: 21 October 2016
Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – whether prospective applicant reasonably believes it may have a right to obtain relief – no reasonable evidentiary basis for belief disclosed
Legislation: Federal Court Rules 2011 (Cth) rr 7.23, 7.24
Cases cited: Glencore International AG v Selwyn Mines Ltd [2005] FCA 801; (2005) 223 ALR 238
Date of hearing: 13 October 2016
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 23
Counsel for the Prospective Applicant: Mr J C Kelly SC with Mr S A Wells
Solicitor for the Prospective Applicant: Lazarus Legal Group Pty Ltd
Counsel for the Prospective Respondents: Mr P J Brereton SC with Mr T J Breakspear
Solicitor for the Prospective Respondents: Clayton Utz
ORDERS NSD 1632 of 2015
BETWEEN: ALLPHONES RETAIL PTY LTD ACN 008 168 090 Prospective Applicant
AND: OPTUS NETWORKS PTY LIMITED ACN 008 570 330 First Prospective Respondent
OPTUS MOBILE PTY LIMITED ACN 054 365 696 Second Prospective Respondent
OPTUS INTERNET PTY LIMITED ACN 083 164 532 (and another named in the Schedule) Third Prospective Respondent
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