Jet Corporation Of Australia Pty Ltd v Petres Pty Ltd & ors [1985] FCA 379

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IN THE FEDERAL COURT OF AUSTRALIA

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

GENERAL DIVISION

BETWEEN :

JET CORPORATION OF AUSTRALTA PITY. LIMITED (in its capacity as Trustee of the JET CORPOPATION AUSTRALIA TRUST) Applicant

and

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

and OTHERS "Respondents if \ om ~ COURT: NORTHROP J. i Q: 714 AUS ie DATE: 12 AUGUST 1985 ( Be US Fa5 2 PLACE: MELBOURNE S J

REASONS FOR JUDGMENT

This is a further act in the saga involving Jet Corporation of Australia Pty. Limited ("Jet Corporation") and the legal proceedings commenced in June 1983 by it and two other applicants, Electrum Acceptance Pty. Ltd. and Electrum Finance Pty. Ltd. At the present time, Jet Corporation is the only surviving applicant. On 27 June 1983, the then three applicants, pursuant to Order 27 rule 2 of the Rules of Court, caused a subpoena for production of documents to be issued directed to Mr. Roger Randle, a partner in Messrs.

Touche Ross & Co., a firm of accountants. The documents

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required to be produce: were described in three paragraphs, (a), (b) and (c) 1n the Schedule to the subpoena. By order made on 23 May 1985, the Court as presently constituted, ordered that paragraph (c) in Ehe Schedule to the subpoena be

set aside. As a result of that order, the documents to be

produced pursuant to the subpoena are:

"(a) the Accounting Records and books of each of the three Applicants;

(b) the audit working papers and related file of correspondence and other documents of the firm relative to the three Applicants for all their vrespective accounting periods TOGETHER WITH documents handed into the possession of the firm in connection with the professional work conducted by it for the three Applicants and each of them;" .