Federal Court of Australia
\Wo
CATCHWORDS Trade Practices - Application for order under s.157 Trade Practices Act - Documents "prepared" by an officer of the Commission - Documents not "tending to establish" the case of
the defendant corporations.
Trade Practices Act 1974, s.157.
TRADE PRACTICES COMMISSION v. T.N.T. MANAGEMENT PTY. LIMITED & ORS.
N.S.W. No. G44 of 1978
Bowen C.J.
9 October 1981
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
)
NEW SOUTH WALES DISTRICT REGISTRY) No. G44 of 1978
GENERAL DIVISION
CORAM: Bowen C.J.
9 October 1981.
) )
BETWEEN:
TRADE PRACTICES COMMISSION Plaintiff
:
T.N.T. MANAGEMENT PTY. LIMITED First hefendant
BRAMBLES HOLDINGS LIM* TED Second Defendant
MAYNE NICKLESS LIMITED Third Defendant
YOUNGS TRANSPORT PTY. LIMITED Fourth Defendant
ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LIM..'TED Fifth Defendant
EXPRESS FREIGHT PTY. LIMITED Sixth Defendant
ASSOCIATED STEAMSHIPS PTY. LIMITED
Sevent. Defendant
IPEC HOLDINGS LIMITE! E1ghth Defendant
INTERSTATE PARCEL EXP HSS CO. PTY. LIMITED
Ninth Defendant
-2-
REASONS FOR JUDGMENT
This is the first dispute arising under s.157 of the Trade
Practices Act 1974 (the Act) to come before this Court. It arises in proceedings brought by the Trade Practices Commission (the Commission) against T.N.T. Management Pty. Limited (lst Defendant), Brambles Holdings Limited (2nd Defendant), Mayne Nickless Limited (3rd Defendant), Youngs Transport Pty. Limited (4th Defendant), Ansett Transport Industries (Operations) Pty. Limited (5th Defendait), Express Freight Pty. Limited (6th Defendant), Associated Steamships Pty. Limited (7th Defendant), Ipec Holdings Limited (8th Defendant) and Interstate Parcel Express Co. Pty. Zimited (9th Defendant). The Commission seeks pecuniary penalties and injunctions.
Wynne Patricia Hannon swore an affidavit of discovery for the Commission on 27 January 1981. The documents were listed in Exhibit A to that affidavit. The lists wer: extensive, being grouped into 31 volumes and extending ovex 537 pages. After some correspondence between the solicitc.s a demand under s.157 was made on behalf of the lst, 'th and 7th defendants for copies of certain documents for which privilege had been claimed. Finally, in a letter dated 13 May 1981 the Commonwealth Crown Solicitor acting on behalf of the
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