Apache Northwest Pty Ltd v Newcrest Mining Ltd [2009] FCAFC 39

Apache Northwest Pty Ltd v Newcrest Mining Ltd [2009] FCAFC 39

Leave to appeal granted as order for preliminary discovery was made without sufficient evidence of loss or damage supporting a cause of action under the Trade Practices Act, particularly s 82; the evidence was speculative and no evidence within knowledge of respondent was furnished, failing to establish reasonable cause to believe a right to relief existed. The preliminary discovery order was set aside; respondent to pay applicant’s costs.

Jurisdiction
Australia
Judgment Date
31 March 2009
Procedural Posture
Application for Leave to Appeal / Appeal From Interlocutory Order (preliminary Discovery)
Outcome
Leave to appeal granted; appeal allowed; preliminary discovery order set aside; respondent to pay applicant's costs.
Legal Topics
['preliminary Discovery' 'leave to Appeal' 'jurisdiction' 'costs Orders' 'misleading or Deceptive Conduct']
['practice and Procedure' 'trade Practices'] ['preliminary Discovery' 'leave to Appeal' 'jurisdiction' 'costs Orders' 'misleading or Deceptive Conduct']

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Procedural Posture

Application for Leave to Appeal / Appeal From Interlocutory Order (preliminary Discovery)

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from an interlocutory order for preliminary discovery' 'Whether requirements of Federal Court Rules O 15A r 6 were met' 'Whether there was a reasonable cause to believe a cause of action under Trade Practices Act s 82 existed' 'Whether there was evidence of loss or damage sufficient to support the application' 'Whether the Court had jurisdiction over the matter raised']

Ratio Decidendi

Leave to appeal granted as order for preliminary discovery was made without sufficient evidence of loss or damage supporting a cause of action under the Trade Practices Act, particularly s 82; the evidence was speculative and no evidence within knowledge of respondent was furnished, failing to establish reasonable cause to believe a right to relief existed. The preliminary discovery order was set aside; respondent to pay applicant’s costs.

Court Disposition

Leave to appeal granted; appeal allowed; preliminary discovery order set aside; respondent to pay applicant's costs.

Orders

  • ['Leave to appeal be granted.' 'The appeal be allowed.' 'The order as made on 17 October 2008 for preliminary discovery pursuant to Order 15A r 6 of the Federal Court Rules be set aside.' "The respondent pay the applicant's costs of and incidental to the application for preliminary discovery." "The respondent pay...