Federal Court of Australia
Federal Court of Australia
Ausin Group (Australia) Pty Ltd v Zhao [2021] FCA 1601 File number(s): VID 240 of 2021
Judgment of: ANDERSON J
Date of judgment: 17 December 2021
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – where the primary judge made orders for discovery of documents of the applicant – whether primary judge had no power under s 79 of the Judiciary Act 1903 (Cth) to apply New South Wales laws or exercise jurisdiction over a justiciable controversy that arises solely under New South Wales law – where the applicant did not raise the jurisdictional issue before the primary judge – whether primary judge erred in the exercise of her discretion under r 20.11 of the Federal Court Rules 2011 (Cth) in making the Discovery Order – where the application is dismissed
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011(Cth) Judiciary Act 1903 (Cth) Conveyancing Act 1919 (NSW)
Cases cited: House v The King [1936] HCA 40 Nationwide News Pty Ltd v Rush [2018] FCAFC 70 Rana v Google Inc (2017) 254 FCR 1 Rizeq v The State of Western Australia (2017) 262 CLR 1 Zhao v Ausin Group (Australia) Pty Ltd [2020] FCA 1659
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 24
Date of hearing: 16 December 2021
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