Payless Shoes Pty Ltd v Clarks Shoes Ltd [1986] FCA 498

LIMITED DISTRIBUTION ONLY

IN THE FEDERAL COURT OF AUSTRALIA )

)

NEW SOUTH WALES DISTRICT REGISTRY ) No. G245 of 1985 GENERAL DIVISION BETWEEN: PAYLESS SHOES PTY. LIMITED Applicant AND: CLARKS SHOES LIMITED Respondent

MINUTES OF ORDER

Judge making order: Beaumont, J.

Date order made: 12 November 1986

Where made: Sydney

THE COURT ORDERS THAT:

NOTE:

Settlement and entry of orders is dealt wi

On or before 28 November 1986, the respondent file

and serve an affidavit and supplementary list of documents pursuant to 0.15 r.8 and r.9 specifying, apart from documents produced on subpoena, any documents of the class described in the schedule.

The costs of this application, including reserved costs, be the applicant's costs in the proceedings.

Reserve liberty to either party to apply on 7 days' notice.

THE SCHEDULE

All documents in the period in question in the proceedings which relate to prices at which retailers other than the applicant sold,' or offered for sale, shoes supplied by the respondent.

Y Bankruptcy Rule 124.

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"VED 12 NOV 1986

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

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IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G245 of 1985 ) GENERAL DIVISION )

BETWEEN: PAYLESS SHOES PTY. LIMITED Applicant D: CLARKS SHOES LIMITED

Respondent

CORAM: Beaumont, J.

DATED: 12 November 1986

REASONS FOR JUDGMENT

Before the Court is an application by the applicant for further and better discovery (see 0.15 r.8). In the principal proceedings, the applicant has sued for declarations, injunctions, damages and specific performance on a number of causes of action. For present purposes it is sufficient to refer

to the declarations sought by the applicant that the respondent

has contravened the resale price maintenance provisions of the