Garrett v Rann [2007] FCA 528

Garrett v Rann [2007] FCA 528

The application was dismissed because the applicant failed to comply with directions to identify the relief and jurisdictional basis for each respondent, his affidavit was discursive and unsupported, and the material did not satisfy any prerequisite for pre-action discovery under O 15A r 6: there was no reasonable cause to believe he had a cause of action or right to relief in the Federal Court against any respondent, no showing of reasonable inquiries, and no reasonable cause to believe relevant documents were held by any respondent. There was also no reason to seek pro bono assistance under O 80.

Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Application for Pre Action Discovery and Pro Bono Legal Assistance / Final Judgment Dismissing Application
Outcome
Application dismissed; applicant ordered to pay the first to fifth respondents' costs of the application.
Legal Topics
['pre Action Discovery' 'pro Bono Legal Assistance' 'federal Court Jurisdiction' 'costs']
['federal Civil Procedure'] ['pre Action Discovery' 'pro Bono Legal Assistance' 'federal Court Jurisdiction' 'costs']

Case Brief

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Procedural Posture

Application for Pre Action Discovery and Pro Bono Legal Assistance / Final Judgment Dismissing Application

Legal Issues

  1. 1 ['Whether the applicant should be granted pre-action discovery under O 15A r 6 of the Federal Court Rules.' 'Whether the Court should give a direction under O 80 of the Federal Court Rules to endeavour to secure pro bono legal assistance for the applicant.' "Whether the applicant's material showed reasonable cause to believe he had or may have a right to obtain relief in the Federal Court from any respondent." 'Whether costs should be ordered in favour of the first to fifth respondents.']

Ratio Decidendi

The application was dismissed because the applicant failed to comply with directions to identify the relief and jurisdictional basis for each respondent, his affidavit was discursive and unsupported, and the material did not satisfy any prerequisite for pre-action discovery under O 15A r 6: there was no reasonable cause to believe he had a cause of action or right to relief in the Federal Court against any respondent, no showing of reasonable inquiries, and no reasonable cause to believe relevant documents were held by any respondent. There was also no reason to seek pro bono assistance under O 80.

Court Disposition

Application dismissed; applicant ordered to pay the first to fifth respondents' costs of the application.

Orders

  • ['The application be dismissed.' 'The applicant pay to the first to fifth respondents their costs of the application.']