FEDERAL COURT OF AUSTRALIA
Toll Transport Pty Ltd v Fleiter [2017] FCA 376
File number: QUD 948 of 2016 Judge: LOGAN J Date of judgment: 3 April 2017 Catchwords: PRACTICE AND PROCEDURE – preliminary discovery – alleged misuse or risk of misuse of confidential information by prospective respondents – r 7.23 of the Federal Court Rules 2011 (Cth) – requirements for order for preliminary discovery – whether prospective application holds reasonable belief prospective respondent has or had control of relevant documents – whether prospective applicant lacks sufficient information to decide as to whether to commence proceedings – whether documents “directly relevant” – whether reasonable inquiries undertaken by prospective applicant – discretion to refuse relief – relevance of delay to exercise of discretion in r 7.23(2) Legislation: Corporations Act 2001 (Cth) s 183
Federal Court Rules 2011 (Cth) r 7.23
Cases cited: George v Rockett (1990) 170 CLR 104
St George Bank Limited v Rabo Australia Limited (2004) 211 ALR 147
Queensland Bacon Pty Ltd v Rees (1966) 115 CLR 266
Tillmann’s Butcheries Pty Ltd v Australasian Meat Industry Employees’ Union (1979) 42 FLR 33
Date of hearing: 3 April 2017 Registry: Queensland Division: General Division National Practice Area: Employment and Industrial Relations Category: Catchwords Number of paragraphs: 44 Counsel for the Prospective Applicant: Ms B O’Brien Solicitor for the Prospective Applicant: Minter Ellison Counsel for the Prospective Respondent: Mr C Massy Solicitor for the Prospective Respondent: Maurice Blackburn ORDERS
QUD 948 of 2016 BETWEEN: TOLL TRANSPORT PTY LTD
Prospective Applicant
AND: STEPHEN FLEITER
Prospective Respondent
JUDGE:
LOGAN J
DATE OF ORDER:
3 APRIL 2017
THE COURT ORDERS THAT:
1.The parties are to confer and provide short minutes of orders and if in disagreement, short written submissions with proposed reasons by 4:00pm on 6 April 2017.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(Revised from Transcript)
LOGAN J
Toll Transport Pty Ltd (Toll Transport), is a member of a group of companies known as the Toll Group. The holding company for the Toll Group is Toll Holdings Limited. Another company within the Toll Group is Toll NQX. Toll NQX provides freight forwarding and transport services in Australia.
Mr Stephen Fleiter, commenced employment within the Toll Group in 1981. He ceased employment within that group on 12 August 2016 upon his resignation. At that time, he was employed by Toll Transport. Toll Transport is the primary employer entity within the Toll Group. From July 2008 until his resignation in August 2016, Mr Fleiter held the position of National Sales Manager for Toll NQX. That was a senior position within the Toll Group.
In that capacity, Mr Fleiter had particular and primary responsibility for setting rates to be charged to customers of the Toll Group and terms of trade, managing key client relationships and generating new business. For all of those reasons, he had access, in his capacity as National Sales Manager of Toll NQX, to commercially sensitive information. This…
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- Case
- [2017] FCA 376
- Decision Date
CaseChat Overview and Summary
The court examined the applicant’s belief and the sufficiency of the information it possessed. It found that the applicant had undertaken reasonable inquiries and that the documents in question were directly relevant to the case. The court held that a reasonable belief was held by the applicant regarding the prospective respondents’ control of the relevant documents. It also found that the applicant lacked sufficient information to decide whether to commence proceedings and that the delay in bringing the application was relevant to the exercise of discretion under r 7.23(2). The court ultimately exercised its discretion to grant the application for preliminary discovery, emphasising the importance of balancing the applicant's need for information against the potential prejudice to the respondents.
The final orders required the parties to confer and provide short minutes of orders and, if in disagreement, short written submissions with proposed reasons by 4:00pm on 6 April 2017. Entry of orders was to be dealt with in accordance with Rule 39.32 of the Federal Court Rules 2011 (Cth).
Orders
Orders of the court
1. The parties are to confer and provide short minutes of orders and if in disagreement, short written submissions with proposed reasons by 4:00pm on 6 April 2017.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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