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
-
Cull v Davies [2023] FCA 763
PRACTICE AND PROCEDURE – interlocutory application for freezing orders – where application made ex parte – where sequestration order made against bankrupt estate – where danger that prospective judgment will be wholly or partly unsatisfied because of prospect of removal of assets – orders made
-
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…
-
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
