Murex Diagnostics Australia Pty Ltd v Chiron Corporation & Anor [1995] FCA 961

Murex Diagnostics Australia Pty Ltd v Chiron Corporation & Anor [1995] FCA 961

Order 15 rule 8 of the Federal Court Rules authorises the Court to order particular discovery in respect of documents relating to any matter in question in the proceeding, even where the issue is not raised between the immediate parties to the discovery order; thus, the discretionary power to order discovery in such circumstances exists.

Parties
Applicant / First Cross Respondent: Murex Diagnostics Australia Pty Limited; First Respondent / Cross Claimant: Chiron Corporation; Second Respondent: Ortho Diagnostic Systems, Inc; Second Cross Respondent: Murex Diagnostics Limited
Jurisdiction
Australia
Judgment Date
28 November 1995
Procedural Posture
Motion for Particular Discovery in Principal Proceeding and Cross Claim / Interlocutory Application
Outcome
Order for applicant for particular discovery to bring in short minutes of order; costs awarded to Chiron Corporation for this motion.
Legal Topics
Discovery, Particular Discovery, Interlocutory Applications
Civil Procedure Discovery Particular Discovery Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Murex Diagnostics Australia Pty Limited

Applicant / First Cross Respondent

Chiron Corporation

First Respondent / Cross Claimant

Ortho Diagnostic Systems, Inc

Second Respondent

Murex Diagnostics Limited

Second Cross Respondent

Procedural Posture

Motion for Particular Discovery in Principal Proceeding and Cross Claim / Interlocutory Application

Legal Issues

  1. 1 Whether an order for particular discovery can be made in respect of a document or class of document relating to any matter in question in the proceeding where the document or class does not relate to any matter in question between the party requiring discovery and the party giving discovery

Ratio Decidendi

Order 15 rule 8 of the Federal Court Rules authorises the Court to order particular discovery in respect of documents relating to any matter in question in the proceeding, even where the issue is not raised between the immediate parties to the discovery order; thus, the discretionary power to order discovery in such circumstances exists.

Court Disposition

Order for applicant for particular discovery to bring in short minutes of order; costs awarded to Chiron Corporation for this motion.

Orders

  • Applicant for discovery to bring in, on a date to be fixed, short minutes of an order appropriate to be made in light of the Reasons.
  • Chiron Corporation entitled to its costs of the motion.