Uni-Span Height Safety Pty Ltd v Gold Coat Guardrail Pty Ltd [2009] FCA 819

Uni-Span Height Safety Pty Ltd v Gold Coat Guardrail Pty Ltd [2009] FCA 819

The Court dismissed the application because the applicant did not establish reasonable cause to believe it has or may have a right to relief under O 15A r 6(a), particularly given inadequacies and inconsistencies in its evidence and its incorrect analysis of the 2007 financial figures, and did not show it had made all reasonable inquiries under O 15A r 6(b). The freezing order was refused because the applicant had not established a prima facie case against the fourth respondent and there was no evidence of a risk of dissipation of assets or frustration or inhibition of the Court's process.

Jurisdiction
Australia
Judgment Date
05 August 2009
Procedural Posture
Application for Pre Action Discovery and a Freezing Order / Interlocutory Application Filed 3 July 2009, Heard 23 July 2009, Determined 5 August 2009
Outcome
Application dismissed with costs.
Legal Topics
['pre Action Discovery of Documents' 'freezing Orders' 'federal Court Rules O 15 a R 6' 'federal Court Rules O 25 a R 2' 'alleged Misrepresentation in Sale of Business']
['practice and Procedure'] ['pre Action Discovery of Documents' 'freezing Orders' 'federal Court Rules O 15 a R 6' 'federal Court Rules O 25 a R 2' 'alleged Misrepresentation in Sale of Business']

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Procedural Posture

Application for Pre Action Discovery and a Freezing Order / Interlocutory Application Filed 3 July 2009, Heard 23 July 2009, Determined 5 August 2009

Legal Issues

  1. 1 ['Whether the applicant satisfied O 15A r 6 of the Federal Court Rules for pre-action discovery from the first, second, third and fourth respondents.' 'Whether there was reasonable cause to believe the applicant has or may have the right to obtain relief in the Court from the respondents or any of them.' 'Whether the applicant had made all reasonable inquiries before seeking pre-action discovery.' "Whether the applicant established a prima facie case and a danger of frustration or inhibition of the Court's process sufficient to justify a freezing order against the fourth respondent."]

Ratio Decidendi

The Court dismissed the application because the applicant did not establish reasonable cause to believe it has or may have a right to relief under O 15A r 6(a), particularly given inadequacies and inconsistencies in its evidence and its incorrect analysis of the 2007 financial figures, and did not show it had made all reasonable inquiries under O 15A r 6(b). The freezing order was refused because the applicant had not established a prima facie case against the fourth respondent and there was no evidence of a risk of dissipation of assets or frustration or inhibition of the Court's process.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application filed 3 July 2009 be dismissed with costs.']