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
-
Daly v Australian Securities and Investments Commission [2024] FCAFC 125
CORPORATIONS – civil penalty proceedings – liability phase – duties of officers of responsible entity of a registered managed investment scheme – whether appellant an officer of the responsible entity – where primary judge held that the contraventions were established – appeal dismissed PRACTICE AND PROCEDURE – application to amend notice of appeal – where…
-
Advanta Seeds Pty Ltd v Nuseed Pty Ltd [2024] FCA 1105
INJUNCTION -interlocutory application to enjoin respondent’s compliance with Licensing Agreement – where applicant alleges breach by the respondent of an undertaking to the Court – whether, properly construed, the respondent breached the undertaking INJUNCTION – whether there is a prima facie case for the purpose of granting an injunction – whether the balance of convenience…
-
Elanor Funds Management Ltd v Alceon Group Pty Ltd [2024] FCAFC 121
AUSTRALIAN CONSUMER LAW – appellant alleges misleading and deceptive conduct in relation to the sale of Bluewater Square Shopping Centre – where trial judge found that the respondents did not engage in misleading and deceptive conduct, appellant did not rely on any misleading conduct and the appellant did not suffer any damage – held that…
