Nalini Asher Enterprises Pty Ltd v H&M Tracey Construction Pty Ltd

Nalini Asher Enterprises Pty Ltd sought preliminary discovery against H&M Tracey Construction Pty Ltd and H&M Tracey Pilbara Pty Ltd to obtain documents for a potential case of oppression and breach of fiduciary duty. The parties were shareholders in a third company, H&M Pilbara Pty Ltd. The case came before the Federal Court of Australia, where the Court had to decide whether the requirements for preliminary discovery were satisfied. The Court held that the requirements were met and ordered the disclosure of certain documents. The Court also considered the costs of the application and the adjournment, finding that Nalini Asher Enterprises should pay the costs of the adjournment and that the costs of the application should be borne by the party that did not prevail in the application. The Court ordered that the documents be provided by specific dates and that the costs of providing the documents be paid by the respondents if substantive proceedings were commenced within a certain timeframe.

The Court ordered that Nalini Asher Enterprises pay the costs of the adjournment and that the costs of the application be borne by the party that did not prevail in the application. The Court ordered that the documents be provided by specific dates and that the costs of providing the documents be paid by the respondents if substantive proceedings were commenced within a certain timeframe. The Court also ordered that if substantive proceedings were commenced within a certain timeframe, the costs of the application would be costs in the substantive proceeding.