Federal Court of Australia
Federal Court of Australia
SMBC Leasing and Finance, Inc v Flexirent Capital Pty Ltd [2022] FCA 1393 File numbers: NSD 542 of 2022 NSD 543 of 2022
Judgment of: LEE J
Date of judgment: 31 October 2022
Date of publication of reasons: 24 November 2022
Catchwords: PRACTICE AND PROCEDURE – application for preliminary discovery – r 7.23 of the Federal Court Rules 2011 (Cth) – where two proceedings already commenced – whether appropriate to consolidate proceedings
Legislation: Evidence Act 1995 (Cth) s 191 Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Matrix Film Investment One Pty Limited v Alameda Films LLC [2006] FCA 591
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 8
Date of hearing: 31 October 2022
Counsel for the Applicant: Ms E L Beechey
Solicitor for the Applicant: Jones Day
Counsel for the Respondents: Mr J Anderson
Solicitor for the Respondents: Bridges Lawyers
ORDERS NSD 542 of 2022
BETWEEN: SMBC LEASING AND FINANCE, INC. (ARBN 602 309 366) Applicant
AND: FLEXIRENT CAPITAL PTY LTD (ACN 064 046 046) Respondent
NSD 543 of 2022
BETWEEN: SMBC LEASING AND FINANCE, INC. (ARBN 602 309 366) Applicant
AND: FLEXIRENT CAPITAL PTY LTD (ACN 064 046 046) First Respondent
HUMM GROUP LIMITED (ACN 122 574 583) Second Respondent
order made by: LEE J DATE OF ORDER: 31 OCTOBER 2022
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