Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sovereign Hydroseal Pty Ltd v Steynberg (No 2) [2020] FCA 1239 File number: WAD 85 of 2020
Judgment of: MCKERRACHER J
Date of judgment: 25 August 2020
Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – final form of orders – where prospective applicant entitled to relief sought – where categories of discovery to be narrowed – where prospective applicant now seeks only 'examples' of documents – where prospective applicant agrees to give security for compliance COSTS – application for preliminary discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) – where prospective applicant was wholly successful – where prospective respondent adopts an adversarial approach to the proceeding COSTS – offers of compromise – preliminary discovery – where prospective respondent seeks costs on indemnity basis – where prospective respondent's Calderbank offer is rejected – where prospective respondent was ultimately unsuccessful – where offer was less favourable than relief obtained by prospective applicant
Legislation: Federal Court Rules 2011 (Cth) rr 7.23, 7.23(1)(c)
Cases cited: Airways Corporation of New Zealand v The Present Partners of Pricewaterhouse Coopers Legal [2002] NSWSC 521 Dallas Buyers Club LLC v iiNet Limited (No 3) [2015] FCA 422 Carey v Freehills [2013] FCA 1258 J & A Vaughan Super Pty Ltd v Becton Property Group Limited [2013] FCA 340 Kiefel v State of Victoria [2014] FCA 411 MMD Design and Consultancy Limited v Camco Engineering Pty Ltd [2019] FCA 1803 Procter v Kalivis (No 3) [2010] FCA 1194 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 2) [2019] FCA 657 Sealed Air Australia Pty Limited v Aus-Lid Enterprises Pty Ltd [2020] FCA 388 SmithKline Beecham plc v Alphapharm Pty Ltd [2001] FCA 271 Sovereign Hydryoseal Pty Ltd v Steynberg [2020] FCA 1084 Steffen v Australia and New Zealand Banking Group Ltd [2009] NSWSC 883 United Voice and Australian Workers Union v Accolade Wines Australia Ltd [2013] FCA 285
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