PRACTICE AND PROCEDURE – application for orders for preservation of documents – where orders made referring the issue of the extent and nature of discovery for consideration at a conference by a registrar – where applicant alleges that system updates to computing software used by the respondent may compromise the discovery process – whether likely that documents will be lost or destroyed – whether preservation orders appropriate in the circumstances – held materials in support of application do not reveal a basis for concern that critical documents will be destroyed or lost – orders as sought by the applicant would circumvent the conference to be convened before the registrar – application dismissed
Related cases – asset preservation orders
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H Lundbeck A/S v Sandoz Pty Ltd [2023] FCA 740
PRACTICE AND PROCEDURE – patents – application for stay of remitted proceeding – where High Court upheld primary judge’s declaration that the respondent infringed the first applicant’s patent – where High Court made an order declaring that the first applicant is entitled to damages and pre-judgment interest and an order remitting the proceeding for the…
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Kerembla Pty Ltd v XL Insurance Company SE, trading as Brooklyn Underwriting [2023] FCA 769
INSURANCE – indemnity sought pursuant to public and product liability insurance policy – claim in relation to collision of mining equipment with bridge – where it is accepted that the insuring clause responds to the claim – whether certain write-backs to an exclusion clause are applicable – vehicle was being used as a tool of…
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Ragopika Pty Ltd v Padmasingh Isaac trading as Aachi Spices and Foods (No 2) [2023] FCA 764
COSTS – application for indemnity costs by appellant – whether offers of settlement such that Court should award indemnity costs – refusal of offers by respondent not unreasonable – application for indemnity costs refused
