Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Di Maggio v Westpac Banking Corporation Ltd trading as St George Bank Ltd [2018] FCA 1354 File number: NSD 730 of 2018
Judge: THAWLEY J
Date of judgment: 3 September 2018
Catchwords: PRACTICE AND PROCEDURE – application for pre-suit discovery under r 7.23 of Federal Court Rules 2011 (Cth) – where document is a confidential contract to which the applicant is not a party – where the applicant reasonably believes he has a right to relief under the Competition and Consumer Act 2010 (Cth) Sch 2 s 18 COSTS – where applicant was successful in application under r 7.23 of Federal Court Rules 2011 (Cth) which was contested in an adversarial fashion by prospective respondent – respondent to pay the applicant's costs
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 s 18 Federal Court Rules 1979 (Cth) O 15A r 6 (repealed) Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Airways Corporation New Zealand v Koenig [2002] NSWSC 521 Alphapharm Pty Ltd v Eli Lilly Australia Pty Ltd [1996] FCA 1500 Bonham v Iluka Resources Limited [2017] FCAFC 95 C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 Glencore International AG v Selwyn Mines Limited [2005] FCA 801 Matrix Film Investment One Pty Limited v Alameda Films LLC [2006] FCA 591 ObjectiVision Pty Limited v Visionsearch Pty Limited (No 3) [2015] FCA 304 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2008] FCAFC 133 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193 Poole v Australian Pacific Touring Pty Ltd [2017] FCA 424 Proctor v Kalivis (No 3) [2010] FCA 1194 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360 Steffen v ANZ Banking Group [2009] NSWSC 883
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