Federal Court of Australia
Federal Court of Australia
Torley v Hyundai Motor Company Australia Pty Limited (No 2) [2023] FCA 1545 File numbers: NSD 131 of 2023 NSD 132 of 2023
Judgment of: YATES J
Date of judgment: 7 December 2023
Catchwords: PRACTICE AND PROCEDURE – discovery – application for non-standard discovery by categories pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) – where respondents consent to discovery being given of certain categories of documents – determination of whether discovery should be ordered in respect of other categories of documents
Legislation: Federal Court Rules 2011 (Cth) r 20.15
Cases cited: Sabre Corporation Pty Ltd v Russ Kalvin's Hair Care Co (1993) 46 FCR 428
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 51
Date of hearing: 16 November 2023
Counsel for the Applicants: Mr S Free SC, Mr J Zmood and Mr L Judd
Solicitor for the Applicants: Johnson Winter & Slattery
Counsel for the Respondents: Dr R Higgins SC and Mr B Mostafa
Solicitor for the Respondents: Quinn Emanuel Urquhart & Sullivan
ORDERS NSD 131 of 2023
BETWEEN: CRYSTAL CAROL TORLEY Applicant
AND: HYUNDAI MOTOR COMPANY AUSTRALIA PTY LIMITED First Respondent
HYUNDAI MOTOR COMPANY Second Respondent
order made by: YATES J DATE OF ORDER: 7 DECEMBER 2023
THE COURT ORDERS THAT:
1. By 20 December 2023, the parties bring in agreed orders giving effect to these reasons. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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