Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) No. G152 of 1981
) GENERAL DIVISION )
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN : BRAMBLES HOLDINGS LIMITED
Appellant
AND:
TRADE PRACTICES COMMISSION
Respondent oo" ORDER JUDGES MAKING ORDER: Bowen C.J., Deane and Ellicott Jd. DATE OF ORDER: 27 November 1981 WHERE MADE: Sydney.
THE COURT ORDERS THAT: 1. The appeal be dismissed.
2. Brambles Holdings Limited pay to the Trade Practices
Commission its costs of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) No. G152 of 1981
) GENERAL DIVISION )
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN :
BRAMBLES HOLDINGS LIMITED
Appellant
AND: TRADE PRACTICES COMMISSION
Respondent
CORAM: Bowen C.J., Deane and Ellicott JJ.
27 November 1981.
REASONS FOR JUDGMENT
This is an appeal against an interlocutory judgment and order of Franki J. dated 23 October 1981 refusing to order further and proper answers to -interrogatories delivered by Brambles Holdings Limited (the second defendant) to the Trade Practices Commission (the plaintiff) in proceedings No. G44 of 1978.
The main question which has been argued is whether the
answers to interrogatories numbered 10 and 46, which have been
taken to be representative of a number of interrogatories which are said to have been inadequately answered, are objectionable.
We do not think that that question fell to be resolved by Franki J. by reference to any single decisive principle. Rather it fell to be determined by his Honour in the course of exercising a discretion by reference to a number of relevant principles and considerations. As we read his judgment his Honour so determined it. We are not persuaded that Franki J. fell into any error in respect of any of the matters raised in the appeal. To the contrary we are in general agreement with the conclusions which he reached and the reasons which he advanced for those conclusions.
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