Telstra Corp Ltd v Billbusters Pty Ltd & Anor [1998] FCA 752

Telstra Corp Ltd v Billbusters Pty Ltd & Anor [1998] FCA 752

The applicant (Telstra), having made reasonable inquiries but remaining unable to identify the alleged parties or obtain the necessary information to assess potential legal claims, is entitled to preliminary discovery under O 15A r6 of the Federal Court Rules. The discovery is limited to identify accounts and correspondence relating to the allegations. Reasonable inquiries had been made and the requirements of the rule are satisfied.

Parties
Applicant: Telstra Corporation Limited; First Respondent: Billbusters Pty Ltd; Second Respondent: Miles Kendrick-Smith
Jurisdiction
Australia
Judgment Date
19 June 1998
Procedural Posture
Application for Preliminary (pre‑trial) Discovery / Interlocutory Application; Reasons and Orders
Outcome
Application for preliminary discovery granted in part.
Legal Topics
Preliminary Discovery, Reasonable Inquiries, Federal Court Rules O 15 a R6, Sufficiency of Information
Practice and Procedure Preliminary Discovery Reasonable Inquiries Federal Court Rules O 15 a R6 Sufficiency of Information

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Telstra Corporation Limited

Applicant

Billbusters Pty Ltd

First Respondent

Miles Kendrick-Smith

Second Respondent

Procedural Posture

Application for Preliminary (pre‑trial) Discovery / Interlocutory Application; Reasons and Orders

Legal Issues

  1. 1 Whether the applicant (Telstra) has, after making all reasonable inquiries, insufficient information to decide whether to commence a proceeding
  2. 2 Whether there is reasonable cause to believe that the respondents are likely to have or have had possession of documents relevant to potential overcharging
  3. 3 Interpretation and application of Federal Court Rules O 15A r6

Ratio Decidendi

The applicant (Telstra), having made reasonable inquiries but remaining unable to identify the alleged parties or obtain the necessary information to assess potential legal claims, is entitled to preliminary discovery under O 15A r6 of the Federal Court Rules. The discovery is limited to identify accounts and correspondence relating to the allegations. Reasonable inquiries had been made and the requirements of the rule are satisfied.

Court Disposition

Application for preliminary discovery granted in part.

Orders

  • Within 60 days, respondents to make, file and serve a list enumerating documents in specified categories (accounts and correspondence reviewed/assessed by respondents relevant to alleged Telstra overcharging)
  • Respondents to pay applicant's costs of the application