Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Fortescue Limited v Element Zero Pty Limited (No 2) [2024] FCA 1157 File number:
Judgment of: MARKOVIC J
Date of judgment: 4 October 2024
Catchwords: PRACTICE AND PROCEDURE – application to set aside ex parte search orders made by the duty judge – whether the applicants overstated and misrepresented to the duty judge the strength of the applicant's prima facie case – whether, on the evidence, there was no real risk of destruction of documents – whether there was a material non‑disclosure by the applicants in seeking the search orders – whether the Court should exercise its discretion to set aside the search orders where there has been a material non-disclosure – whether the applicants' surveillance of the respondents prior to obtaining the search orders was excessive – whether the form and scope of the search orders was inappropriately broad and resulted in excessive capture of the relevant respondents' information – application dismissed
Legislation: Federal Court Rules 2011 (Cth) r 7.42, r 7.43
Addison Wesley Longman Australia Pty Ltd v Kopystop Pty Ltd [2004] FCA 1518 Anton Piller KG v Manufacturing Processes Limited [1976] 1 All ER 779 Aristocrat Technologies Australia Pty Ltd v Global Gaming Pty Limited [2006] FCA 862 Austress Freyssinet Pty Ltd v Joseph [2006] NSWSC 77 Brags Electrics Pty Ltd trading as Inscope Building Technologies v Gregory [2010] NSWSC 1205 Brink's-MAT Ltd v Elcombe [1988] 3 All ER 188 Dunlop Holdings Ltd v Staravia Ltd [1982] Comm LR 3 Fine China Capital Investment Limited v Qi (No 2) [2023] FCA 1059 In the matter of Bakers Extra Pty Ltd [2017] NSWSC 1257 Cases cited: Indicii Salus Ltd v Chandrasekaran [2007] EWHC 406 (Ch) Liberty Financial Pty Ltd v Scott [2002] FCA 345 Long v Specifier Publications Pty Ltd (1998) 44 NSWLR 545 Macquarie Holdings (NSW)Pty Ltd v Maharaj [2019] NSWSC 811 Naidenov, in the matter of 30 Denham Pty Ltd (in liq) [2023] FCA 134 Savcor Pty Ltd v Cathodic Protection International Aps (2005) 12 VR 639 Singtel Optus Pty Limited v Almad Pty Limited [2011] NSWSC 492 Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 Tugushev v Orlov [2019] EWHC 2031 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955
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