Brambles Holdings Ltd v Trade Practices Commission [1981] FCA 59

IN THE FEDERAL COURT OF AUSTRALIA) )

NEW SOUTH WALES DISTRICT REGISTRY) No. G. 44 of 1978

)

GENERAL DIVISION )

BETWEEN: BRAMBLES HOLDINGS LIMITED

Applicant

AND: TRADE PRACTICES COMMISSION

Respondent

21 May 1981 REASONS FOR JUDGMENT

FRANKI J. Brambles Holdings Ltd, the applicant, is the second

defendant in proceedings No.G.44 of 1978 brought by the Trade Practices Commission ("the Commission") against it and eight

other defendants in which breaches of s.45 of the Trade Practices

Act 1974 ("the Act") are alleged and penalties are sought pursuant to ss.76 and 77 of the Act and an injunction is sought

pursuant to s.80 of the Act.

The proceedings were commenced before the current Federal Court Rules, S.R. No.140 of 1979, were made and therefore

the relevant rules are those appearing in S.R. No. 20 of 1977.

The effect of 0.2 r.1 of those Rules is that the Rules of the High Court are applicable "subject to any directions of the Court

or a Judge". See also s.38 of the Federal Court of Australia Act

1976.

The applicant filed an application on 16 March 1981 seeking orders: 1. That the plaintiff make, file and serve within 14 days an affidavit making further and better discovery; 2. That the claim of the plaintiff to legal professional privilege made by paragraph 3 of the affidavit of Wynne Patricia Hannon, sworn 27 January 1981, is not justified; and 3. That the plaintiff make available for inspection a number of documents which were identified in the Notice of Motion and for which the plaintiff has claimed legal professional privilege.

No formal Notice for Discovery had been given pursuant to 0.32 r.9 of the High Court Rules but it was agreed that I should treat this application as if the Commission had been served with a Notice for Discovery and it had sought to comply

with obligations then falling upon a party so served.