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JUDGMENT NO. .sS,mnnmssasn.n * 81.) !
| PRACTICE AND PROCEDURE - Discovery - alleged misrepresntation | , I | ||
| conveyed to third party - whether third party induced to act - |
| ||
| requirement of an inducing cause - non-party discovery - non- | . . | ||
| party closely related to respondent - costs. | I . | ||
| Federal Court Rules 0.15 r.8, 0.15A r.8. | |||
| Gould v Vage l las (1985) 157 CLR 215 | |||
| Kennedy v Dodson [l8951 1 Ch 334 | |||
| George Ba l lan t ine and Son Ltd v F E R Dixon and Son Ltd [l9741 | |||
| 1 WLR 1125 |
| Richardson P a c i f i c L imi ted v F ie ld ing (1990) 26 | FCR | 188 |
REGISTRY
| Tracenia Nominess Ptv Ltd v Centro Pro~erties | Limited and Anor | ||
| (No. WAG 63 of 1993) | |||
| Judge : | Heerey J | ||
| Date: |
| ||
| Place: | Perth |
- 6 J A N 1994
.-EDERAL COURT OF , - - I AUSTRALIA PRINCIPAL
| IN TEE FEDERAL COURT OF AUSTRALIA | 1 |
| WESTERN AUSTRALIA DISTRICT REGISTRY | |
| GENERAL DMSION | 1 |
| B E T W E E N : |
TRACENIA NOMINEES PTY LTD
A C N 009 006 740
Applicant
and
CENTRO PROPERTIES LIMITED
A C N 006 378 365
First Respondent
and
NEIL STEDMAN
Second Respondent
| JUDGE : | Heerey J |
| m: | 10 December 1993 |
| PLACE : | Perth |
MINUTES OF ORDERS
1. There be an order in terms of the Applicant's motion dated 26 November 1993 for particular discovery.
2. There be an order in terms of the Applicant's motion filed 6 December 1993 for non-party discovery.
3. The respondents pay the costs of the two motions, including revenue costs.
In relation to the motion for non-party discovery, the costs of the non-party be reserved and liberty to apply is reserved in relation to these costs.
| NOTE : | Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules |
IN TEE FEDERAL CO-'JRT OF AUSTRALIA
| WESTERN AUSTRALIA DISTRICT REGISTRY | ) | NO. WAG 63 of 1993 |
| GENERAL DIVISION | 1 | |
| B E T W E E N : |
TRACENIA NOMINEES PTY LTD
A C N 009 006 740
Applicant
and
CENTRO PROPERTIES LIMITED
A C N 006 378 365
First Respondent
and
NEIL STEDMAN
Second Respondent
| JUDGE : | Heerey J |
| m: | 10 December 1993 |
| PLACE : | Perth |
EX TEMPORE REASONS FOR JUDGMENT
The applicant seeks, under 0.15 r.8, particular discovery in relation to certain documents described in its notice of motion dated 26 November 1993.
| The applicant held a lease of a shop at the Mandurah Forum |
Shopping Centre for a term of five years from 28 February 1988 to 28 February 1993. The applicant conducted a newsagency business at the shop. No new lease was granted upon the expiry of the term. The applicant's complaint is that the refusal to grant a new lease by the landlord Uppsala Pty Limited was due to a misrepresentation by the second respondent, Neil Stedman, to the landlord that the applicant had, in the…
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- Case
- [1993] FCA 996
- Decision Date
CaseChat Overview and Summary
The court ordered the respondents to pay the costs of the discovery motions, reserving the costs for Uppsala Pty Limited for potential future application. The reasoning of the court was based on the principle that documents need not be admissible to be discoverable if they lead to a line of inquiry that could support or damage the case. The court also noted that the relationship between the parties did not prevent the landlord from being required to provide documents under the new rule for non-party discovery.
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