Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pro-Pac Packaging (Aust) Pty Ltd v Penn (No 2) [2020] FCA 710 File number: NSD 126 of 2020
Judge: BURLEY J
Date of judgment: 25 May 2020
Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – costs – whether application for preliminary discovery should be dismissed – where prospective respondents agreed to provide preliminary discovery – where dismissal of proceedings would not prevent the prospective applicant from later commencing substantive proceedings – whether prospective applicant should pay the prospective respondents' costs of these proceedings
Legislation: Federal Court Rules 2011 (Cth) r 7.23 Corporations Act 2001 (Cth) s 183
Cases cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 2) [2019] FCA 657
Date of hearing: 22 May 2020
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 16
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