Federal Court of Australia
Federal Court of Australia
GDP Group Pty Ltd v Saye [2022] FCA 688 File number(s): QUD 360 of 2021
Judgment of: DOWNES J
Date of judgment: 15 June 2022
Catchwords: PRACTICE AND PROCEDURE – application for review of decision of registrar granting preliminary discovery pursuant to r 7.23 Federal Court Rules 2011 (Cth) – evidence did not demonstrate reasonable belief that prospective applicants may have a right to obtain relief – whether prospective applicants made reasonable inquiries with a view to obtaining sufficient information to decide whether to start proceeding – prospective applicants did not undertake obvious inquiries including of own records – evidence did not demonstrate reasonable belief that inspection of documents would assist in making decision whether to commence proceeding – order of registrar set aside and application for preliminary discovery dismissed
Legislation: Corporations Act 2001 (Cth) ss 182, 183 Federal Court Rules 2011 (Cth) rr 7.21, 7.23
Cases cited: Allphones Retail Pty Ltd v Optus Networks Pty Limited [2016] FCA 1233 Apache Northwest Pty Ltd v Newcrest Mining Ltd (2009) 182 FCR 124; [2009] FCAFC 39 BCI Media Group Pty Ltd v Corelogic Australia Pty Ltd [2020] FCA 1556 EBOS Group Pty Ltd v Team Medical Supplies Pty Ltd (No 3) (2012) 199 FCR 533; [2012] FCA 48 Forkserve Pty Ltd v Pacchiarotta (2000) 50 IPR 74; [2000] NSWSC 979 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd (2009) 81 IPR 1; [2009] FCAFC 2 HQ Insurance Pty Ltd v Stonehatch Risk Solutions Ltd (No 2) (2020) 146 ACSR 159; [2020] FCA 1010 Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (2017) 257 FCR 62; [2017] FCAFC 193 Poole v Australian Pacific Touring Pty Ltd [2017] FCA 424 Sandhurst Trustees Ltd v Clarke (2015) 321 ALR 1; [2015] FCAFC 21 Telstra Corporation Ltd v Minister for Broadband, Communications and Digital Economy (2008) 166 FCR 64; [2008] FCAFC 7
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate