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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Mainland Property Holdings Pty Ltd (Receivers and Managers Appointed) v Naplend Pty Ltd (No 2) [2023] FCA 243
PRACTICE AND PROCEDURE – application for injunction to restrain counsel from acting for respondents in hearing to be conducted by Judicial Registrar in his capacity as a referee appointed pursuant to s 54A of the Federal Court of Australia Act 1976 (Cth) – whether there is a real and sensible possibility of the misuse of…
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McMillan Investment Holdings Pty Ltd v Morgan (No 2) [2023] FCAFC 41
COSTS – costs of the proceeding before the primary judge – where the appellant successfully appealed against the making of a pooling order under s 579E(1) of Corporations Act 2001 (Cth)- where the appellant had raised and failed on various subsidiary issues in the proceeding before the primary judge – where the appellant had not…
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Australian Competition and Consumer Commission v NSW Ports Operations Hold Co Pty Ltd [2023] FCAFC 16
COMPETITION – where provisions of port commitment deeds required the State to compensate port operators if certain container volumes divert to a possible container terminal at the Port of Newcastle – whether s 45 of the Competition and Consumer Act 2010 (Cth) contravened – purpose of allegedly anticompetitive conduct – whether purpose of ensuring bidders…
