Federal Court of Australia
Federal Court of Australia
Trentham Enterprises Pty Ltd v Rahui [2024] FCA 1065 File number: WAD 189 of 2024
Judgment of: COLVIN J
Date of judgment: 10 September 2024
Date of publication of reasons: 12 September 2024
Catchwords: PRACTICE AND PROCEDURE - application for pre-action discovery pursuant to r 7.23 of the Federal Court Rules 2011 (Cth) - where request for pre-action discovery made after prospective applicant made detailed allegations against prospective respondents in correspondence and threatened commencement of proceedings - whether information upon which allegations were based sufficient to enable prospective applicant to decide whether to commence proceedings - consideration of principles applicable to exercise of discretion to order pre-action discovery - application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 7.23
Cases cited: Pfizer Ireland Pharmaceuticals v Samsung Bioepis AU Pty Ltd (No 3) [2021] FCA 1428 Poole v Australian Pacific Touring Pty Ltd [2017] FCA 424
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 28
Date of hearing: 10 September 2024
Counsel for the Prospective Applicant: Mr JR Marzec
Solicitor for the Prospective Applicant: Zafra Legal
Counsel for the Prospective Respondents: Mr AI Guy
Solicitor for the Prospective Respondents: Oswald Legal
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