W.A. Pines Pty Ltd v. Bannerman, Ronald Moore [1980] FCA 16

IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 9 of 1979 ) GENERAL DIVISION )

BETWEEN. W.A. PINES PTY. LTD

Applicant AND: RONALD MOORE BANNERMAN

Respondent

CORAM: TOOHEY J.

25 January 1980

REASONS FOR JUDGMENT

TOOHEY J.

The applicant seeks a declaration that a notice issued by the respondent, the Chairman of the Trade Practices Commission, on 10 August 1979, pursuant to

s.155 of the Trade Practices Act 1974 does not oblige

the applicant to comply with the requirements of that notice and is void and without legal effect

On 13 November 1979 Fisher J. gave directions for the hearing of the application, including interlocutory steps to be taken. In the main, and to the extent that they are no longer prospective, those directions have been complied with.

What is still outstanding is the matter of interrogatories and discovery, and also one aspect of the particulars sought by the applicant of the respondent's

defence.

2.

The directions hearing was adjourned until 22 January 1980. Shortly before that date the respondent filed notice of motion seeking to have a substantial part of the applicant's claim stayed or dismissed and in consequence thereof the striking out of two paragraphs of the statement of claim.

The balance of the directions hearing and the notice of motion were heard together. To some extent they overlap and bear upon each other. To determine these matters it is necessary to look first at what is alleged against the respondent. In essence, the applicant contends that the notice calling upon it to furnish information and to produce documents is ineffective because it fails to meet the requirement of s.155 that the person giving the notice -

"has, reason to Lelieve that a person is capable of furnishing information, producing documents or giving evidence relating to a Matter that constitutes, or may constitute,