Federal Court of Australia
Federal Court of Australia
Davidson v Suncorp-Metway Limited (No 3) [2020] FCA 1593 File number: QUD 18 of 2020
Judgment of: JACKSON J
Date of judgment: 4 November 2020
Catchwords: PRACTICE AND PROCEDURE - application for preliminary discovery - reasonableness of belief that prospective applicant may have the right to obtain relief - prospective applicant had previously commenced proceedings against prospective respondent - prospective applicant had already settled many of the claims said to give rise to reasonable belief - prior decision of Queensland Supreme Court found that prospective applicant had no real prospects of establishing that settlement deed was voidable - issue estoppel - reasonable belief held in relation to one claim - no jurisdiction in Federal Court of Australia in respect of that claim - application dismissed HIGH COURT AND FEDERAL COURT - federal jurisdiction - jurisdiction of Federal Court of Australia in preliminary discovery matters - consideration of jurisdiction of Federal Court generally - meaning of 'matter' - Federal Court lacks jurisdiction over claim forming basis of preliminary discovery application
Legislation: Federal Court Rules 2011 (Cth) r 7.23 Judiciary Act 1903 (Cth) ss 39B, 39B(1A)(c)
Cases cited: Apache Northwest Pty Ltd v Newcrest Mining Ltd [2009] FCAFC 39; (2009) 182 FCR 124 Australian Securities and Investments Commission v Edensor Nominees Pty Ltd [2001] HCA 1; (2001) 204 CLR 559 Blair v Curran (1939) 62 CLR 464 Chappell & Co Ltd v Nestlé Co Ltd [1960] AC 87 Davidson v Suncorp-Metway Limited [2020] FCA 795 Davidson v Suncorp-Metway Limited (No 2) [2020] FCA 879 Essential Energy v Rose [2020] FCA 722; (2020) 145 ACSR 106 Fencott v Muller (1983) 152 CLR 570 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 Karam v Australia & New Zealand Banking Group Ltd [2001] NSWSC 709 Kerridge v Simmonds (1906) 4 CLR 253 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193; (2017) 257 FCR 62 Rana v Google Inc [2017] FCAFC 156 Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; (2004) 211 ALR 147 Suncorp-Metway Ltd v Nagatsuma [2019] QSC 16 Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44; (2016) 259 CLR 212
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