Elanor Funds Management Limited v Alceon Group Pty Ltd [2021] FCA 298

Elanor Funds Management Limited v Alceon Group Pty Ltd [2021] FCA 298

Discovery is ordered only for documents directly relevant to whether the applicant has a right to relief regarding the identified Food Outlets; categories of documents sought are confined to the extent of their direct relevance to those tenancies and the issues outlined in the affidavits and draft Statement of Claim.

Parties
Prospective Applicant: Elanor Funds Management Limited; Prospective First Respondent: Alceon Group Pty Ltd; Prospective Second Respondent: CPRAM Investments Pty Ltd
Jurisdiction
Australia
Judgment Date
26 March 2021
Procedural Posture
Application for Preliminary Discovery / Determination of Application Under R 7.23 Federal Court Rules 2011 (cth)
Outcome
Preliminary discovery granted with the discovery categories confined as per the Court's reasons.
Legal Topics
Preliminary Discovery, Misleading or Deceptive Conduct, Australian Consumer Law, Discovery Scope, Commercial Contracts
Practice and Procedure Commercial Law Preliminary Discovery Misleading or Deceptive Conduct Australian Consumer Law Discovery Scope Commercial Contracts

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Parties

Elanor Funds Management Limited

Prospective Applicant

Alceon Group Pty Ltd

Prospective First Respondent

CPRAM Investments Pty Ltd

Prospective Second Respondent

Procedural Posture

Application for Preliminary Discovery / Determination of Application Under R 7.23 Federal Court Rules 2011 (cth)

Legal Issues

  1. 1 Whether documents sought by Elanor are directly relevant to assessing its right to obtain relief under r 7.23 of the Federal Court Rules 2011 (Cth)
  2. 2 Whether discovery should be confined to Food Outlets tenancies or extended to other aspects of the shopping centre
  3. 3 Whether certain categories of reports and statements are directly relevant

Ratio Decidendi

Discovery is ordered only for documents directly relevant to whether the applicant has a right to relief regarding the identified Food Outlets; categories of documents sought are confined to the extent of their direct relevance to those tenancies and the issues outlined in the affidavits and draft Statement of Claim.

Court Disposition

Preliminary discovery granted with the discovery categories confined as per the Court's reasons.

Orders

  • The applicant is to submit to the Court within 14 days orders proposed to be made under r 7.23 of the Federal Court Rules 2011 (Cth), consistent with the reasons for judgment.
  • Orders and reasons for judgment are made and published from Chambers; entry of orders dealt with under Rule 39.32 of the Federal Court Rules 2011.