Jet Corporation of Australia Pty Ltd v Petres Pty Ltd & Ors [1985] FCA 206

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CATCHWORDS

Practice and procedure ~- subpoena duces tecum - inspection by applicant of documents produced to the Court by stranger to

the proceedings - relevance of the documents to the issues raised in the proceedings - rights of a stranger in producing his personal documents - timing of inspection premature -

whether Court should look at documents to determine their relevance.

JET CORPORATION OF AUSTRALIA PTY. LIMITED (in its capacity as Trustee of the JET CORPORATION AUSTRALIA TRUST)

and

PETRES PTY. LIMITED (in its own right and in its capacity as Trustee of the Schutt Unit Trust) and OTHERS

V. No. G 109 of 1983

Northrop J.

Melbourne

3 May 1985

IN THE FEDERAL COURT OF AUSTPALIA

) ) VICTORTA DISTRICT REGISTRY ) V. No. G 109 of 1983 ) )

GENERAL DIVIS [ON

BETWEEN :

JOT CORPORATION OF AUSTRALIA PTY. LIMITED (in sts capacity as Trustce of the JET CORPORATION AUSTRALTA TRUST) Applicant

and

PETRES PTY. LIMITED (in 1ts own right and in its caracity as Trustee of the Schutt Unit Trust) and OTHERS Respondents

CORAM: NORTHROP J.

DATE: 3 MAY 1985

PLACE: MELBOURNE

/ : EX TEMPORE REASONS FOR JUDGMENT

This is the return of a motion taken out by the applicant seeking an order that the applicant have leave to inspect and take coples of the documents) produced to the Court by Mr. Athol Lidgett of Messrs. Simon, Lidgett, Collingwood and Co. pursuant to the subpoena for the production of the said documents dated 27 June 1983. Notice of motion was served. on all the respondents to the application, and there 15 no appearance by any of those

respondents to oppose the making of the order sought. Notice

of the motion was served on Mr. Athol Lidgett, who has

appeared, by counsel, and who has objected to the granting of