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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Punchbowl Casual Dining Pty Ltd v Rashays Cafes & Restaurants Pty Ltd (Trial Judgment) [2024] FCA 1265
CONTRACTS – alleged oral contracts between franchisee and franchisor – whether applicants’ evidence concerning disputed conversations should be accepted – application dismissed EVIDENCE – where all witnesses who gave evidence of conversations did so in indirect speech, except on the rare occasions where the witness gave evidence of a verbatim recollection of the words actually…
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Hun v Aljazeera International (Malaysia) SDN BHD (No 3) [2024] FCA 1261
DEFAMATION – practice and procedure – application seeking leave to file amended defence – application to strike out defences of justification and public interest – whether particulars could support proposed defences of justification and public interest – principles relevant to pleading defences in defamation proceedings – principles relevant to s 29A of the Defamation Act…
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Global Retail Brands Australia Pty Ltd v Bed Bath ‘N’ Table Pty Ltd [2024] FCAFC 139
CONSUMER LAW – misleading or deceptive conduct – where, by its use of trade mark “HOUSE BED & BATH” (appellant’s mark) in relation to soft homewares in a market in which respondent’s trade mark “BED BATH ‘N’ TABLE” (respondent’s mark) has a significant reputation, appellant found to have contravened ss 18(1) and 29(1)(g) and (h)…
