Kirella Pty Ltd v Hooper

[1999] FCA 1876

FEDERAL COURT OF AUSTRALIA

Kirella Pty Ltd v Hooper [1999] FCA 1876

KIRELLA PTY LIMITED v
KENNETH FRANCIS HOOPER, HOOPER COMMUNICATIONS PTY LTD, KATHERINE MAYSON AND JIM PHOTIOS
N 1036 of 1999

TAMBERLIN J
SYDNEY
23 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 1036 OF 1999

BETWEEN:

KIRELLA PTY LIMITED
(ACN 079 721 127)
APPLICANT

AND:

KENNETH FRANCIS HOOPER
FIRST RESPONDENT

HOOPER COMMUNICATIONS PTY LTD
(ACN 060 554 805)
SECOND RESPONDENT

KATHERINE MAYSON
THIRD RESPONDENT

JIM PHOTIOS
FOURTH RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	23 DECEMBER 1999
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the relevant respondents have applied to re-open the proceedings which terminated last week in order to file and read an affidavit by Graham Price, a solicitor, annexing correspondence.  I have considered the affidavit, the correspondence and the submissions made by Mr Brereton on behalf of the respondents, but I am not persuaded that the additional material has any significance in relation to the application in the present case.  I have substantially dealt with these matters in the reasons which I am about to publish and so far as the making of any orders is concerned, what I propose to do is to publish the reasons at this stage and stand over the matter to an appropriate date in the New Year in order to frame the appropriate orders to be made.

2. On that occasion the submissions which have been made by Mr Brereton today might be taken into account in relation to specific matters which might be raised with the applicants.  However, on the material before me as a whole I am satisfied that the applicant has made out a case under both rule 3 and rule 6 of Order 15A of the Federal Court Rules for preliminary discovery and I direct the applicants to bring in short minutes of order.  I publish my reasons.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            31 January 2000

Solicitor appearing for the Applicant:	C Bilinsky
Solicitor for the Applicant:	Horowitz and Bilinsky
Counsel for the Respondent:	P L G Brereton SC M S Leeming
Solicitor for the Respondent:	Bush Burke & Company
Date of Hearing:	23 December 1999
Date of Judgment:	23 December 1999