Xing Technologies Pty Ltd v Integrated Clinical Oncology Network Pty Ltd [2017] FCA 1495

FEDERAL COURT OF AUSTRALIA

Xing Technologies Pty Ltd v Integrated Clinical Oncology Network Pty Ltd [2017] FCA 1495 File number: QUD 252 of 2017

Judge: BESANKO J

Date of judgment: 12 December 2017

Catchwords: PRACTICE AND PROCEDURE – consideration of an application for pre-action discovery under r 7.23 of the Federal Court Rules 2011 (Cth) – where the prospective applicant alleges the prospective respondent has engaged in misleading and deceptive conduct by making a false statement about the death of a patient in a complaint to the University of Queensland – where the prospective applicant seeks documents relevant to the prospective respondent's intention in making the complaint – where the documents sought are not said to be relevant to any other element of the causes of action identified by the prospective applicant – where the prospective respondent's intention is not an essential element of the claim for misleading and deceptive conduct – where the elements of causation and loss and damage are not so weak as to lead to the conclusion that the requirements in r 7.23(1)(a) of the Rules are not met. PRACTICE AND PROCEDURE – where the prospective applicant alleges the prospective respondent has committed the tort of intentionally procuring or inducing a breach of contract – whether the prospective applicant has reasonable grounds to believe that it has the right to obtain relief in relation to this cause of action – where the prospective applicant has not identified a breach of contract by the University of Queensland or Uniquest Pty Ltd which has caused loss or damage to the prospective applicant. PRACTICE AND PROCEDURE – whether the prospective applicant has adduced all the information they have in relation to the claims – where a final report of the Research Misconduct Inquiry was not put before the Court, on the explanation that the prospective applicant was not at liberty to disclose the report without permission from the University of Queensland.