HQ Insurance Pty Limited v Stonehatch Risk Solutions Limited (No 2) [2020] FCA 1010

FEDERAL COURT OF AUSTRALIA

HQ Insurance Pty Limited v Stonehatch Risk Solutions Limited (No 2) [2020] FCA 1010 File number: NSD 2156 of 2019

Judge: THAWLEY J

Date of judgment: 16 July 2020

Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery under r 7.23 of Federal Court Rules 2011 (Cth) – where the prospective applicant reasonably believes it may have a right to relief under s 1324(1) of the Corporations Act 2001 (Cth) – whether reasonable inquiries have been made by the prospective applicant – failure to establish sufficient reasonable inquiries were made – whether the prospective applicant has sufficient information to decide whether to start a proceeding – failure to satisfy the Court that all information material to the decision whether to start a proceeding was before the Court – application dismissed

Legislation: Corporations Act 2001 (Cth) ss 766A(1), 761A, 766C, 911A, 911D, 1324, 1325 Corporations Regulations 2001 (Cth) reg 7.6.02AG(2A) Federal Court Rules 2011 (Cth) rr 7.21, 7.23 ASIC Corporations (Foreign Financial Service Providers—Limited Connection) Instrument 2017/182

Cases cited: Glencore International AG v Selwyn Mines Ltd (2005) 223 ALR 238 HQ Insurance Pty Limited v Stonehatch Risk Solutions Limited [2020] FCA 871 Matrix Film Investment One Pty Limited v Alameda Films LLC [2006] FCA 591 Northern Territory v Mengel (1995) 185 CLR 307 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 Reeve v Aqualast Pty Ltd [2012] FCA 679 United Voice and Australian Workers Union v Accolade Wines Australia Ltd [2013] FCA 285