Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Landrigan (Trustee) v Suters Holdings Pty Limited [2017] FCA 1455 File number: NSD 1273 of 2017
Judge: FARRELL J
Date of judgment: 6 December 2017
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – whether prospective applicants have sufficient information to decide whether to commence proceedings – whether prospective applicants have made reasonable enquiries – application granted in part PRACTICE AND PROCEDURE – application for security for costs by prospective respondents – where no evidence that prospective applicants may not be able to meet adverse costs order – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 236 Corporations Act 2001 (Cth) ss 232, 233, 254G Federal Court Rules 2011 (Cth) rr 7.23, 7.29
Cases cited: Apache Northwest Pty Ltd v Newcrest Mining Ltd (2009) 182 FCR 124; FCAFC 29 Bonham v Iluka Resources Ltd [2017] FCAFC 95 Contour Building and Construction Pty Ltd v Kerr [2008] NSWSC 883 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193 St George Bank Ltd v Rabo Australia Ltd (2004) 211 ALR 147; FCA 1360
Date of hearing: 20 October 2017
Registry: New South Wales
Division: General Division
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