Kirella Pty Ltd v Hooper [1999] FCA 1876

Kirella Pty Ltd v Hooper [1999] FCA 1876

The applicant has made out a case for preliminary discovery pursuant to both rule 3 and rule 6 of Order 15A of the Federal Court Rules, and the additional material tendered by the respondents does not alter this finding.

Jurisdiction
Australia
Judgment Date
23 December 1999
Procedural Posture
Application for Preliminary Discovery / Post Hearing Regarding Re Opening and Making of Orders
Outcome
Preliminary discovery granted; matter stood over to the New Year to frame appropriate orders
Legal Topics
['preliminary Discovery' 'federal Court Rules' 'order 15 a Rule 3' 'order 15 a Rule 6']
['civil Procedure'] ['preliminary Discovery' 'federal Court Rules' 'order 15 a Rule 3' 'order 15 a Rule 6']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Post Hearing Regarding Re Opening and Making of Orders

Legal Issues

  1. 1 ['Whether the applicants have made out a case for preliminary discovery under Order 15A rule 3 and rule 6 of the Federal Court Rules.' 'Whether further material, including an affidavit and annexed correspondence, should result in re-opening of the proceedings.']

Ratio Decidendi

The applicant has made out a case for preliminary discovery pursuant to both rule 3 and rule 6 of Order 15A of the Federal Court Rules, and the additional material tendered by the respondents does not alter this finding.

Court Disposition

Preliminary discovery granted; matter stood over to the New Year to frame appropriate orders

Orders

  • ['Applicant to bring in short minutes of order' 'Matter stood over to an appropriate date in the New Year to frame appropriate orders']