Pluim Constructions Pty Ltd v Tuggerah Business Park Pty Ltd & Ors [1996] FCA 959

Procedural Posture

Application for Preliminary Discovery Under O15 a R6 of the Federal Court Rules / Amended Application Dismissed

Legal Issues

1. 1 ['Whether there was reasonable cause to believe the applicant has or may have a right to obtain relief against each respondent for the purposes of O15A r6 of the Federal Court Rules.' 'Whether the applicant had insufficient information after making all reasonable inquiries to decide whether to commence proceedings.' 'Whether there was reasonable cause to believe each respondent possessed documents relating to whether the applicant had the right to obtain relief and inspection would assist the decision.' 'Whether the evidence supported possible claims for misleading or deceptive conduct, deceit, inducing breach of contract, conspiracy, or quantum meruit arising from the construction project and appointment of a superintendent.']

Ratio Decidendi

The applicant failed to establish reasonable cause to believe that it had or may have a right to obtain relief from any respondent. Although the evidence gave reasonable cause to believe the first respondent's conduct concerning the superintendent was likely to mislead or deceive, there was insufficient evidence that the applicant suffered loss or damage by reason of that conduct. The evidence was also insufficient to support reasonable cause for claims in deceit, conspiracy, inducing breach of contract, quantum meruit, or other alleged relief against the first to seventh respondents; the claim against the eighth respondent was not pressed. Accordingly, O15A r6 was not satisfied and the...

Court Disposition

Application dismissed.

Orders

• ['The application is dismissed.' 'The applicant is to pay the costs of the first to seventh respondents to be taxed if not agreed.']