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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The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd [2023] FCAFC 203
TRADE MARKS – appeal – where primary judge found that the respondent had not infringed the second appellant’s registered trade marks – whether primary judge erred in finding that the word mark THE NORTH AGENCY used by the respondent was not deceptively similar to the second appellant’s registered trade mark – no error established –…
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JKC Australia LNG Pty Ltd v AkzoNobel NV (No 6) [2023] FCA 1616
COSTS – transfer application – whether costs should follow the event in relation to interlocutory application – whether costs to be taxed and paid forthwith – where transfer application discrete and stand-alone – orders made
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Huber v CellOS Software Ltd (in liq) [2023] FCAFC 198
PRACTICE AND PROCEDURE – leave to appeal – primary judge refusing leave to proceed with appeal under s 500(2) of the Corporations Act 2001 (Cth) – primary judge refusing leave to stay liquidation of respondent pursuant to s 482 of the Corporations Act 2001 (Cth) – whether leave to appeal required – application dismissed
