Federal Court of Australia
Federal Court of Australia
AIBI Holdings Pty Ltd v Virtual Technology Services Pty Ltd (Notice to Produce) [2022] FCA 298 File number: NSD 177 of 2021
Judgment of: PERRAM J
Date of judgment: 24 March 2022
Date of publication of reasons: 28 March 2022
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce – where contracts the subject of the notice allegedly standard form contracts – whether notice to admit more efficient – whether interrogatory more efficient
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 2, 23, 27 Federal Court Rules 2011 (Cth) r 1.34
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 10
Date of hearing: 24 March 2022
Counsel for the Applicant: Mr W Soon
Solicitor for the Applicant: Avantro
Counsel for the Respondent: Mr J O'Sullivan
Solicitor for the Respondent: Quest Legal Pty Ltd
ORDERS NSD 177 of 2021
BETWEEN: AIBI HOLDINGS PTY LTD ACN 619 923 125 Applicant
AND: VIRTUAL TECHNOLOGY SERVICES PTY LTD ACN 141 194 470 Respondent
order made by: PERRAM J DATE OF ORDER: 24 MARCH 2022
THE COURT ORDERS THAT:
1. The interlocutory application be dismissed. 2. The Respondent pay the Applicant's costs of the interlocutory application. 3. The notice to produce dated 25 February 2022 be returnable before the Registrar at 9.30 am on Wednesday, 30 March 2022. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
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