Federal Court of Australia
CATCHWORDS
Trade Practices ~— notice pursuant to s. 155 of the Act -
Commission's "reason to believe" that a person is capable of furnishing information, producing documents or giving evidence relating to a matter that constitutes or may
constitute a contravention of the Act."
Practice and Procedure - discovery and interrogatories -— "fishing
expedition". * /
Trade Practices Act 1974 (Cth.) s. 155
W. A. PINES PTY. LIMITED v. RONALD MOORE BANNERMAN NO. W. A. 3 and 4 of 1980
BOWEN C. J., BRENNAN AND LOCKHART JJ.
AT SYDNEY
FRIDAY 27 JUNE 1980
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY
)
)
} No, W.A.3 and 4 of 1980 GENERAL DIVISION )
ON APPEAL FROM HIS HONOUR MR. JUSTICE TOOHEY
BETWEEN : W.A. PINES PTY.LTD. Appellant AND : RONALD MOORE BANNERMAN Respondent ORDER JUDGES MAKING ORDER : Bowen C,J., Brennan and Lockhart JJ. DATE OF ORDER WHERE MADE : Sydney.
THE COURT ORDERS THAT
1. The appeals be dismissed. 2. The cross-appeal be allowed, and that the Order of Toohey J.
be varied by deleting orders 2 and 3 of his Order and substituting
in lieu thereof:
"2, Paragraph 6 of the applicant's Statement of Claim be struck out,
3. The applicant pay to the respondent his costs of the applications by the applicant and by the respondent, "
3. The appellant pay to the respondent his costs of the appeals
and his costs of the cross-appeal.
IN THE FEDERAL COURT OF AUSTRALIA )
) WESTERN AUSTRALIA DISTRICT REGISTRY) No. W.A. G3-4 of 1980
) GENERAL DIVISION )
ON APPEAL from a Single Judge of the Federal Court of Australia
BETWEEN:
W.A. PINES PTY. LIMITED
Appellant AND: ad RONALD MOORE BANNERMAN Respondent
Coram: Bowen C.J., Brennan and Lockhart JJ.
27 __sune 1980.
JUDGMENT
BOWEN C.J.: I agree with the conclusion reached by my
brothers Brennan and Lockhart that the appeal should be
dismissed and the cross appeal allowed with costs. I
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