Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gold Coast Marine Aquaculture Pty Ltd v HTC Trading Pty Ltd [2019] FCA 1995 File number: VID 1659 of 2018
Judge: ANASTASSIOU J
Date of judgment: 27 November 2019
Catchwords: PRACTICE AND PROCEDURE – Preliminary discovery – whether prospective applicant has grounds for reasonable belief in potential right to obtain relief – grounds established – whether prospective applicant has made reasonable inquiries and does not have sufficient information – reasonable inquiries made and insufficient information received – whether application should be denied as information from one prospective respondent may be used against another prospective respondent – preliminary discovery should be ordered
Legislation: Biosecurity Act 2015 (Cth) Federal Court Rules 2011
Cases cited: Glencore International AG v Selwyn Mines Limited (2005) 223 ALR 238; [2005] FCA 801 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; 211 CLR 540; 77 ALJR 183; 194 ALR 337 Harman v Secretary of State for the Home Department [1983] 1 AC 280; [1982] 2 WLR 338; [1982] 1 All ER 532 Hearne v Street (2008) 235 CLR 125; 82 ALJR 1259; 248 ALR 609 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193; 257 FCR 62; 351 ALR 103; 128 IPR 205
Dates of hearing: 8, 9 and 13 August 2019
Registry: Victoria
Division: General Division
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