Rogala v Markou [1984] FCA 488

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JUDGMENT No. 488 aasncuesenne

IN THE FEDERAL COURT OF AUSTRALIA ) )

WESTERN AUSTRALIA DISTRICT REGISTRY) No. W.A.G. 62 OF 1984 )

GENERAL DIVISTON )

On Appeal from the Decision of Mr. Justice Toohey on the Appellant's (Third Respondent's) Notice of Motion dated the 18th of June, 1984 in Action No. 52

of 1983 iy ; | a ANDRE_ROGALA RECEIVE"? Appellant 16 NOV 1998 AND ae VICTOR MARKOU and LUBICA MARK ou

Respondent

CORAM: Sheppard, Morling and Wilcox Jd. |

DATE: 18 September 1984

REASONS FOR J

THE COURT: Before us is an appeal from an order made by. Toohey J. on 13 July 1984. The order was made in respect of a notice of motion taken out by the appellant, the third respondent to the application, Andre Rogala. The motion, amongst other things, sought discovery on oath of certain

documents. The documents, discovery of which was sought,

were:-

"Ci) All documents relating to the Applicants' personal financial affairs including all cheque butts, Bank statements, Savings and other accounts

2.

operated by them or either of them from the lst of July 1983.

(ii) All documents relating to any Bankcard ' or other credit card operated by the Applicants or either of them as from

the lst July 1983.

(iii) Mortgage documents or other documents evidencing loans to the Applicants or either of them including documents from the lender evidencing receipt of funds in payment of loans or interest thereon.

(iv) Taxation returns for the Applicants for the year ended 30th June 1983."

On 13 July 1984, his Honour refused the motion in so far. as it sought discovery of these documents. It is from that —

refusal that this appeal is brought.

third respondent.

The action is one in which respondents to the appeal) sue the application for damages and other relief for alleged breaches a of s. 52 of the Trade Practices Act 1974. The action arises because of alleged misrepresentations made by or on behalf of the respondents in relation to the returns received by the