Federal Court of Australia
CATCHWORDS
PRACTICE AND PROCEDURE - Discovery of documents - Inspection - Documents relating to commercial operations of competitors of applicant -- Documents supplied on confidential basis to Australian Customs Service - Objection by Minister to inspection on behalf of applicant - Documents critical to case alleged by applicant - Application for inspection by lawyers, and independent consultant - Order for inspection only by legal representatives of applicant subject to undertakings as
to non-disclosure.
Customs Tariff (Anti-Dumping) Act 1975 ss.5, 8. Customs Administration Act 1985 s.16. Crimes Act 1914 s.70.
Alfred Crompton Amusement Machines Limited v Customs and Excise Commissioners [1974] Ac 405, Sankey v Whitlam (1978) 142 CLR 1, Hilton v Wells (1985) 59 ALR 281, Nestle Australia Ltd. v Commissioner of Taxation (1986) 67 ALR 128 and (1986) 86 ATC 4,760 referred to.
NSW G.259 of 1986 KANTHAL AUSTRALIA PTY LIMITED v THE MINISTER FOR IND TECHNOLOGY AND COMMERCE
Wilcox J Sydney 16 February 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. NSW G.259 of 1986 ) )
GENERAL DIVISION
BETWEEN: KANTHAL AUSTRALIA PTY LIMITED
Applicant
AND: THE MINISTER FOR INDUSTRY, TECHNOLOGY AND COMMERCE
Respondent CORAM: WILCOX J PLACE: SYDNEY DATE: 16 FEBRUARY 19837 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The respondent grant access to each of the documents
referred to in Parts 2 and 3 of Schedule 1 of the List of Documents filed on behalf of the respondent
on 25 August 1986 to:
(a) not more than two solicitors, being members or employees of the firm C G Gillis & Co actually engaged in the conduct on behalf of the applicant of the principal proceedings in this matter;
and
(b) counsel briefed to appear at the hearing of the principal proceedings in this
matter;
PROVIDED HOWEVER that no access shall be granted to any particular such solicitor or counsel until there has been filed with the District Registrar an undertaking signed by that person in the following
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