Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited [2007] FCA 578

Lynx Engineering Consultants Pty Ltd v The ANI Corporation Limited [2007] FCA 578

The amended defence and the discovery given by the second and third respondents provided an objective basis for reasonable cause to believe that the applicant may have had a right to obtain relief against WorleyParsons. WorleyParsons' affidavit offering an innocent explanation did not eliminate that reasonable belief because the discovery sought was needed to test that position. In the context of alleged breach of confidence and copyright infringement, the applicant's letter of inquiry to WorleyParsons, together with discovery already obtained from the existing respondents, satisfied the requirement that all reasonable inquiries be made. The applicant still lacked sufficient information...

Jurisdiction
Australia
Judgment Date
23 April 2007
Procedural Posture
Notice of Motion for Non Party Discovery Pursuant to O 15 a R 7 of the Federal Court Rules 1979 (cth) / Interlocutory Motion
Outcome
The applicant's notice of motion dated 20 December 2006 was granted.
Legal Topics
['non Party Discovery' 'reasonable Cause to Believe Right to Obtain Relief' 'all Reasonable Inquiries' 'alleged Copyright Infringement' 'alleged Misleading and Deceptive Conduct' 'breach of Confidence']
['practice and Procedure' 'copyright' 'trade Practices' 'confidential Information' 'discovery'] ['non Party Discovery' 'reasonable Cause to Believe Right to Obtain Relief' 'all Reasonable Inquiries' 'alleged Copyright Infringement' 'alleged Misleading and Deceptive Conduct' 'breach of Confidence']

Case Brief

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Procedural Posture

Notice of Motion for Non Party Discovery Pursuant to O 15 a R 7 of the Federal Court Rules 1979 (cth) / Interlocutory Motion

Legal Issues

  1. 1 ['Whether there was reasonable cause to believe that the applicant had or may have had a right to obtain relief against WorleyParsons.' 'Whether the applicant had made all reasonable inquiries before seeking non-party discovery.' 'Whether the applicant lacked sufficient information to decide whether to commence proceedings against WorleyParsons.' "Whether WorleyParsons was likely to have documents relating to the applicant's possible right to obtain relief."]

Ratio Decidendi

The amended defence and the discovery given by the second and third respondents provided an objective basis for reasonable cause to believe that the applicant may have had a right to obtain relief against WorleyParsons. WorleyParsons' affidavit offering an innocent explanation did not eliminate that reasonable belief because the discovery sought was needed to test that position. In the context of alleged breach of confidence and copyright infringement, the applicant's letter of inquiry to WorleyParsons, together with discovery already obtained from the existing respondents, satisfied the requirement that all reasonable inquiries be made. The applicant still lacked sufficient information...

Court Disposition

The applicant's notice of motion dated 20 December 2006 was granted.

Orders

  • ["The applicant's notice of motion dated 20 December 2006 be granted." 'Costs reserved.']