Federal Court of Australia
Federal Court of Australia
Orientile Pty Ltd v Salitrosa Holdings Pty Ltd [2021] FCA 1154 File number(s): NSD 541 of 2021
Judgment of: CHEESEMAN J
Date of judgment: 24 September 2021
Catchwords: PRACTICE AND PROCEDURE - application for non-standard discovery pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) – application for discovery by categories – where Redfern Schedule procedure has been undertaken – whether the making of an order is consistent with the overarching purpose – whether the circumstances of the case warrant an order for discovery being made before the filing of the parties' lay evidence – Held: application dismissed – limited mutual discovery order in respect of one modified category
Legislation: Copyright Act 1968 (Cth), ss 36, 37, 38, 115(1), 115(4) Federal Court Rules 2011 (Cth), rr 20.15, 21.01
Cases cited: Anchorage Capital Partners Pty Limited v ACPA Pty Limited (No 1) [2014] FCA 765 Austal Ships Pty Ltd v Incat Australia Pty Ltd (No 3) [2010] FCA 795; 272 ALR 177 Brown v Deloitte Touche Tohmatsu (A Partnership) (No 2) [2021] FCA 425 Buurabalayji Thalanyji Aboriginal Corporation v Onslow Salt Pty Ltd (No 6) [2019] FCA 1711 Construction, Forestry, Maritime, Mining and Energy Union v Os Mcap Pty Ltd [2020] FCA 1435 Hanson-Young v Leyonhjelm (No 2) [2019] FCA 393
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
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