Jet Corporation of Australia Pty Ltd v. Petres Pty Ltd & Ors [1985] FCA 208

—-. V

CATCHWORDS

Practice and procedure - subpoena duces tecum

non-party is subjected to process of discovery subpoena is oppressive and fishing.

Federal Court Rules 0.27 r.2.

JET CORPORATION OF AUSTRALIA PTY. LIMITED (in ats 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

23 May 1985

whether whether

IN THE FEDERAL COURT OF AUSTRALIA

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

GENERAL DIVISTON

BETWEEN

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

JET CORPORATION AUSTRALIA TRUST) Applicant

and

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

and OTHERS Respondents CORAM: NORTHROP J. DATE: 23 MAY 1985 PLACE: MELBOURNE

MINUTE OF ORDER OF THE COURT

THE COURT ORDERS THAT:

1. Paragraph (c) of the Schedule to the subpoena dated 27 June 1983 directed to Roger Randle be set aside.

2. The motion of 14 July 1983 be otherwise refused.

3. The subpoena dated 20 March 1985 directed to Roger Randle be set aside and the applicant pay the costs of the motion dated 22 March 1985.

(Settlement and entry of Orders is dealt with by 0.36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA

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

GENERAL DIVISTON

BETWEEN :

JET CORPORATION OF AUSTRALIA PTY. LIMITED (in 1ts capacity as Trustee of the JET CORPORATION AUSTRALIA TRUST) Applicant

and

PETRES PTY. LIMITED {in its own right and in 1ts capacity as Trustee of the Schutt Unit Trust)

and OTHERS Respondents CORAM: NORTHROP J. DATE: 23 MAY 1985 PLACE: MELBOURNE

REASONS FOR JUDGMENT

When these proceedings were commenced on 27 June 1983, three corporations were named as applicants, namely, Jet Corporation of Australia Pty. Limited, Electrum Acceptance Pty. Ltd. and Electrum Finance Pty. Ltd. On 27 June 1983, the then applicants, pursuant to Order 27 rule 2 of the Rules of Court, caused a subpoena for production of documents to be issued directed to Roger Randle, a partner in Messrs. Touche Ross & Co., a firm of Accountants.