Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2007] FCA 1348

Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2007] FCA 1348

Paragraphs [5]-[24] of the Notice to Produce seek discovery beyond the permissible scope of pre-action discovery under O 15A r 6 of the Federal Court Rules and are directed to the strength of the applicant's case rather than whether relief may be available. Those paragraphs are therefore struck out and only paragraphs [1]-[4] may stand.

Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Motion in Application for Pre Action (preliminary) Discovery / Interlocutory; Determination of Notice to Produce Prior to Commencement of Proceedings
Outcome
Application to strike out paragraphs [5]-[24] of Notice to Produce granted.
Legal Topics
['preliminary Discovery' 'notice to Produce' 'federal Court Rules' 'scope of Discovery']
['practice and Procedure'] ['preliminary Discovery' 'notice to Produce' 'federal Court Rules' 'scope of Discovery']

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Procedural Posture

Motion in Application for Pre Action (preliminary) Discovery / Interlocutory; Determination of Notice to Produce Prior to Commencement of Proceedings

Legal Issues

  1. 1 ['Whether paragraphs [5]-[24] of the Notice to Produce sought documents beyond what is permitted under O 15A r 6 of the Federal Court Rules in a pre-action discovery application']

Ratio Decidendi

Paragraphs [5]-[24] of the Notice to Produce seek discovery beyond the permissible scope of pre-action discovery under O 15A r 6 of the Federal Court Rules and are directed to the strength of the applicant's case rather than whether relief may be available. Those paragraphs are therefore struck out and only paragraphs [1]-[4] may stand.

Court Disposition

Application to strike out paragraphs [5]-[24] of Notice to Produce granted.

Orders

  • ['Paragraphs [5]-[24] of the Notice to Produce filed by the applicant on 9 August 2007 are struck out.' 'Each party to pay its own costs.']