Kirella Pty Ltd v Hooper [1999] FCA 169

Kirella Pty Ltd v Hooper [1999] FCA 169

Preliminary discovery under Order 15A involves the exercise of judicial power in relation to a 'matter' arising under the Trade Practices Act because it is ancillary and incidental to the determination and enforcement of a substantive statutory right; thus, the Federal Court has jurisdiction to grant such orders, and the rules authorising them are a valid exercise of rule-making power, not an improper conferral of new jurisdiction.

Parties
Applicant: Kirella Pty Limited; First Respondent: Kenneth Francis Hooper; Second Respondent: Hooper Communications Pty Limited; Third Respondent: Katherine Mayson; Fourth Respondent: Jim Photios; Intervener: Attorney-General (for the Commonwealth)
Jurisdiction
Australia
Judgment Date
01 March 1999
Procedural Posture
Application / Interlocutory – Motion to Dismiss Preliminary Discovery Application
Outcome
Application for dismissal refused; preliminary discovery ordered.
Legal Topics
Preliminary Discovery, Jurisdiction of Federal Court, Meaning of 'matter' Under Constitution, Rule Making Power Under Federal Court of Australia Act
Civil Procedure Constitutional Law Trade Practices Preliminary Discovery Jurisdiction of Federal Court Meaning of 'matter' Under Constitution Rule Making Power Under Federal Court of Australia Act

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 3 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Kirella Pty Limited

Applicant

Kenneth Francis Hooper

First Respondent

Hooper Communications Pty Limited

Second Respondent

Katherine Mayson

Third Respondent

Jim Photios

Fourth Respondent

Attorney-General (for the Commonwealth)

Intervener

Procedural Posture

Application / Interlocutory – Motion to Dismiss Preliminary Discovery Application

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to order preliminary discovery under Order 15A of the Federal Court Rules
  2. 2 Whether preliminary discovery is within a 'matter' as required by ss 75, 76 and 77 of the Commonwealth Constitution
  3. 3 Whether Order 15A is authorised by the rule-making power in s 59 of the Federal Court of Australia Act, and not inconsistent with s 19

Ratio Decidendi

Preliminary discovery under Order 15A involves the exercise of judicial power in relation to a 'matter' arising under the Trade Practices Act because it is ancillary and incidental to the determination and enforcement of a substantive statutory right; thus, the Federal Court has jurisdiction to grant such orders, and the rules authorising them are a valid exercise of rule-making power, not an improper conferral of new jurisdiction.

Court Disposition

Application for dismissal refused; preliminary discovery ordered.

Orders

  • The motion to dismiss the application for preliminary discovery is dismissed.
  • The order for preliminary discovery as sought be made.