Mornington Peninsula Shire Council v Jardine Lloyd Thompson Pty Ltd [2017] FCA 1545

FEDERAL COURT OF AUSTRALIA

Mornington Peninsula Shire Council v Jardine Lloyd Thompson Pty Ltd [2017] FCA 1545 File number: VID 985 of 2017

Judge: ALLSOP CJ

Date of judgment: 20 December 2017

Date of publication of reasons: 22 December 2017

Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – prospective applicant was member of mutual liability insurance scheme established for local authorities by Municipal Association of Victoria – prospective respondent had involvement in management and administration of scheme – prospective applicant sought copies of agreements between Municipal Association of Victoria and prospective respondent – whether prospective applicant had a reasonable basis for its belief that it may have a right to relief against the prospective respondent for breach of fiduciary duty – application granted

Legislation: Federal Court Rules 2011 (Cth), r 7.23 Audit Act 1994 (Vic), s 16AB Constitution Act 1975 (Vic), ss 73, 74 Municipal Association Act 1907 (Vic), s 10CB

Cases cited: Australian Securities Commission v AS Nominees Ltd [1995] FCA 915; 62 FCR 504 Australian Securities and Investments Commission v Citigroup Global Markets Australia Pty Ltd (No 4) [2007] FCA 963; 160 FCR 35 Church of Scientology of California v Johnson-Smith [1972] 1 QB 522 Daly v Sydney Stock Exchange [1986] HCA 25; 160 CLR 371 Hospital Products Ltd v United States Surgical Corporation [1984] HCA 64; 156 CLR 41 Laurance v Katter (1996) 141 ALR 447 Mees v Roads Corporation [2003] FCA 306; 128 FCR 418 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193 Prebble v Television New Zealand Ltd [1995] 1 AC 321 Priest v State of New South Wales [2006] NSWSC 12 R v Jackson (1987) 8 NSWLR 116