Federal Court of Australia
CATCHWORDS.
Practice and Procedure - Discovery - motion seeking orders for particular discovery - whether Court fas
a discretion under order 15 rule 8 - factors relevant to exercise of discretion.
Federal Court Rules, Order 15 rule 8.
AUSTRALIAN BROADCASTING COMMISSION v. ROBERT JAMES PARISH
& ORS.
No. G.83 of 1979 FRANKI J.
11 February 1981. SYDNEY.
IN THE FEDERAL COURT OF AUSTRALIA)
NEW SOUTH WALES DISTRICT REGISTRY)
GENERAL DIVISION
JUDGE MAKING ORDER:
DATE OF ORDER:
WHERE MADE:
)
) No. G83 of 19379
)
AUSTRALIAN BROADCASTING COMMISSION Applicant
ROBERT JAMES PARISH & ORS Being the Members of the Australian Cricket Board
First to Fourteenth Respondents.
PBL MARKETING PTY. LIMITED Fifteenth Respondent WORLD SERIES CRICKET PTY. LTD.
Sixteenth Respondent PUBLISHING AND BROADCASTING LTD.
Seventeenth Respondent
ORDE
THE COURT ORDERS THAT:
1. 2.
Franki J.
11 February 1981.
Sydney.
The application is refused.
The costs of the application are to be costs
in the cause.
IN THE PEDERAL COURT OF AUSTRALIA)
} ~
NEW SOUTH WALES DISTRICT REGISTRY) NO. G83 OF 1979
GENERAL DIVISION
CORAM: FRANKI J.
11 February 1981
) )
AUSTRALIAN BROADCASTING COMMISSION Applicant
ROBERT JAMES PARISH & ORS Being the members of the Australian Cricket Board. First to Fourteenth Respondents.
PBL MARKETING PTY. LIMITED Fifteenth Respondent
WORLD SERIES CRICKET PTY. LTD.
Sixteenth Respondent
PUBLISHING AND BROADCASTING LTD. Seventeenth Respondent
REASONS FOR JUDGMENT
This oral judgment is in a notice of motion with regard
to discovery filed by the applicant and dated 3 February 1981.
On 21 December 1979 the applicant sought interlocutory
relief based on alleged contraventions of s.45 of the Trade
Practices Act 1974.
The matter came on for hearing before a Judge of this
Court on 27 December 1979 and on 2 January 1980 the learned trial
Judge dismissed the application for interlocutory relief. On the
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