Trade Practices Commission v T.N.T.Management Pty Ltd & Ors [1983] FCA 103

Ils oy

een eres

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

Between:

TRADE PRACTICES COMMISSION - and -

T.N.T. MANAGEMENT PTY LIMITED

BRAMBLES HOLDINGS LIMITED MAYNE NICKLESS LIMITED YOUNGS TRANSPORT PTY LIMITED

ANSETT TRANSPORT INDUSTRIES

(OPERATIONS) PTY LIMITED

EXPRESS FREIGHT PTY LIMITED

ASSOCIATED STEAMSHIPS PTY LIMITED

IPEC HOLDINGS LIMITED

INTERSTATE PARCEL EXPRESS CO PTY LIMITED

2 June 1983

Sydney

REASONS FOR JUDGMENT

FRANKI J.

No. G.44 of 1978

Plaintiff

First Defendant Second Defendant Third Defendant

Fourth Defendant

Fifth Defendant Sixth Defendant Seventh Defendant

Eighth Defendant

Ninth Defendant

On Monday I dealt with the first order sought in this

Notice of Motion by the Trade

Practices Commission ("the

Commmission"). That second order seeks, in effect, that the Commission have access to the following documents in a matter

Tradestock Pty. Ltd. v. T.N.T. (Management) Pty. Ltd. VG 26 of

1977:

(a) the Court file;

(ob) the transcript of the proceedings;

(c) all documents in the Court's custody produced in answer to any subpoena called at any stage in the proceedings; and

(d)} all exhibits received into evidence in the

proceedings.

The Commission was not a party in those proceedings.

There was no precise evidence before me whether the present Federal Court Rules (Statutory Rules No. 140 of 1979, "the 1979 rules") applied in matter VG 26 of 1977 although the matter was argued on the basis that they did not. The Commission did not seek to press for access at this stage to any documents or transcript in respect of which any order for confidence had been made but it did press for what it submitted were the public parts of the proceedings and also for all subpoenas and documents