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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Ogbonna v Government of Western Australia (No 5) [2023] FCA 935
DEFAMATION – where applicant seeks summary judgment – where respondents seek summary dismissal – where applicant has not appeared at three hearings regarding the interlocutory applications – where applicant has had sufficient opportunity to present his case – where applicant has lodged additional submissions – applicant’s application dismissed – summary dismissal applications upheld with costs…
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Moss v Contracoin Pty Ltd [2023] FCA 976
CONTRACT — interlocutory application – whether parties entered into a binding contract to settle the proceedings on certain terms – whether payment obligation in Calderbank offer intended by the parties to be immediately binding upon acceptance or subject to entry into deed of settlement. Held: application successful.
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Leviston v PQ Management Pty Ltd (No 3) [2023] FCA 986
EVIDENCE – expert evidence – valuation of shareholding – application of capitalisation of future maintainable earnings method – challenge to the correctness of the result of the valuation exercise – where the expert in part performed a calculation in accordance with accounting standards – whether the expert erred in placing weight on particular data points…
