Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Toll Transport Pty Ltd v Fleiter (No 2) [2017] FCA 384 File number: QUD 948 of 2016
Judge: LOGAN J
Date of judgment: 13 April 2017
Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – alleged misuse or risk of misuse of confidential information by prospective respondents – r 7.23 of the Federal Court Rules 2011 (Cth) – form of order – costs in respect of unsuccessful opposition to application by prospective respondent – relevant considerations
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43, 59 Federal Court Rules 2011 (Cth) r 7.23, r 7.29 Common Law Procedure Act 1899 (NSW) Civil Procedures Rules 1998 (Eng & W) r 48.1
Cases cited: C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 HC Foods Pty Ltd v Carmichael [2016] FCA 1214 McLeod v Metayer (1901) 18 WN (NSW) 5 Mitchell & Ors v Hore & Ors (1927) 44 WN (NSW) 49 ObjectiVision Pty Ltd v Visionsearch Pty Ltd (No 3) [2015] FCA 304 Toll Transport Pty Ltd v Fleiter [2017] FCA 376
Date of hearing: Heard on the papers
Date of last submissions: 6 April 2017 (Prospective Applicant) 12 April 2017 (Prospective Respondent)
Registry: Queensland
Division: General Division
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