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
-
Liberty Oil Convenience Pty Ltd v Golden Roo Company Ltd [2024] FCA 757
COSTS – Statutory demand – where defendants ultimately did not oppose the making of orders setting aside statutory demands – relevant principles regarding order for costs where there has been no hearing on the merits – where the defendants effectively surrendered or capitulated – where the plaintiff would have likely succeeded at hearing – where…
-
Cirrus Real Time Processing Systems Pty Limited v Hawker Pacific Pty Ltd [2024] FCA 763
CONTRACTS – formation – where parties engaged in negotiations – where respondents “committed” to subcontract the applicant if successful tenderer for work from New Zealand Defence Force – where respondents ultimately subcontracted a third party to perform relevant work – whether parties reached consensus on terms of subcontract – whether alleged contract uncertain as mere…
-
Australian Securities and Investments Commission v PayPal Australia Pty Limited [2024] FCA 762
CORPORATIONS – unfair contract terms – where the respondent included a term to the effect that the user of its services had 60 days to notify the respondent in writing of any fee error and that, if the user did not notify the respondent within that time, the respondent would have no obligation to correct…
