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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Alumina and Bauxite Company Ltd v Queensland Alumina Ltd [2024] FCA 43
CONTRACT – where applicants are subsidiaries of company registered in Russian Federation – where first respondent (QAL) operates alumina refinery in Gladstone under agreements with applicants and second to sixth respondents (Rio parties) – where pursuant to those agreements the Rio parties supply bauxite to the first applicant (ABC) and ship the bauxite to Gladstone…
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Coastal Karts Pty Ltd v Bellandra Holdings Pty Ltd (No 2) [2024] FCA 41
CONSUMER LAW – misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law – representations made in the sale of a business – where the sale of a business was for three businesses bundled as one – whether the seller informed the buyer that the sale would be for three businesses…
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Dig It Landscapes Pty Ltd (in liq) v Bupa Aged Care Australia Pty Ltd (No 2) [2024] FCA 31
CONTRACTS – alleged contract between developer and subcontractor – whether contract formed orally and by conduct – whether parties intended to enter into legal relations – application dismissed CONSUMER LAW – misleading and deceptive conduct – whether oral statements were misleading and deceptive – reliance – application dismissed
