Federal Court of Australia
Federal Court of Australia
Mount v Dover Castle Metals Pty Ltd [2021] FCA 1356 File number(s): NSD 962 of 2021
Judgment of: BROMWICH J
Date of judgment: 16 November 2021
Catchwords: DISCOVERY – application for preliminary discovery under rr 7.22 and 7.23 of the Federal Court Rules 2011 (Cth) – where seeking discovery to determine whether to commence defamation proceedings – whether reasonable belief rather than suspicion that defamation occurred – whether publication occurred so as to create jurisdiction – whether matter could be heard in conjunction with the existing Fair Work Act proceeding so as to create jurisdiction – held: for all but one of the prospective respondents, no reasonable belief existed – held: no jurisdiction demonstrated to be likely – application dismissed with costs
Legislation: Corporations Act 2001 (Cth) s 1317AC Federal Court of Australia Rules 2011 (Cth) rr 7.22, 7.23 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 9(3)
Cases cited: Apache Northwest Pty Ltd v Newcrest Mining Ltd [2009] FCAFC 39 182 FCR 124 Bleyer v Google Inc [2014] NSWSC 897; (2014) 88 NSWLR 670 Crosby v Kelly [2012] FCAFC 96; (2012) 203 FCR 451 Lin v Google [2021] FCA 1113 Mulley v Hayes [2021] FCA 1111 Oliver v Nine Network [2019] FCA 583 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd [2017] FCAFC 193; 257 FCR 62 Poole v Australian Pacific Touring Pty Ltd [2017] FCA 424 Rana v Google Inc [2017] FCAFC 156; (2017) 254 FCR 1 Urbanchich v Drummoyne Municipal Council [1991] Aust Torts Rep 81-127
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