Federal Court of Australia
Federal Court of Australia
Mayfield Development Corporation Pty Ltd v NSW Ports Operations Hold Co Pty Ltd [2020] FCA 1334 File number: NSD 636 of 2020
Judgment of: YATES J
Date of judgment: 17 September 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from an interlocutory judgment dismissing the applicant's application for non-party discovery in circumstances where the primary proceeding has been stayed by agreement – whether primary judge misconstrued s 83(1) of the Competition and Consumer Act 2010 (Cth) – whether primary judge erred in the exercise of her discretion to refuse non-party discovery – whether applicant would face substantial injustice if leave to appeal were refused
Legislation: Competition and Consumer Act 2010 (Cth) ss 45(2)(a)(ii), 83(1) Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 20.11, 20.23
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