Pro-Pac Packaging (Aust) Pty Ltd v Penn (No 2)

Pro-Pac Packaging (Aust) Pty Ltd sought preliminary discovery against Penn and three other respondents, who were prospective respondents in potential future proceedings. The Federal Court was required to determine whether the application for preliminary discovery should be dismissed and whether the applicant should bear the costs of the proceedings and the preliminary discovery. The court examined whether the prospective respondents had agreed to provide preliminary discovery, whether dismissing the proceedings would prevent the applicant from later commencing substantive proceedings, and whether the applicant should pay the prospective respondents' costs of these proceedings.

The court found that two of the respondents had agreed to provide preliminary discovery, and that dismissing the proceedings would not prevent the applicant from later commencing substantive proceedings. Therefore, the application for preliminary discovery was dismissed. However, the court held that the applicant should bear the costs of the proceedings and the preliminary discovery for two of the respondents. The court ordered the applicant to pay the costs of the proceedings and preliminary discovery for two respondents and directed the applicant to submit a brief regarding whether it should pay the costs of the proceedings for the third respondent. The court ordered the third respondent to respond to the applicant's submission.

The court ordered that the applicant pay the costs of the proceedings and preliminary discovery for two of the respondents and directed the applicant to submit a brief regarding whether it should pay the costs of the proceedings for the third respondent. The third respondent was ordered to respond to the applicant's submission. The court ordered that the proceedings be dismissed, except for the matters relating to costs. The court's orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011.