Federal Court of Australia
CATCHWORDS
PRACTICE - subpoena duces tecum - addressed to stranger - not for hearing - whether allowed before discovery - relevance of Companies Code prohibition.
COMPANIES - inspection of books of companies wound up by Court - subpoenaed in Trade Practices Act proceedings - whether
Companies Code applies to make Supreme Court leave necessary.
Companies (Qld.) Code s. 387
Queensland Trustees Limited v. White & Gardiner Pty. Ltd. & Anor.
Qld G2 of 1987
PINCUS J. BRISBANE 31 MARCH 1987
ree ral \y ~ 2 APR 1987 FFEDERAL COURT OF
AUSTRALIA
PRINCIPAL REGISTAY
IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G2 of 1987 GENERAL DIVISION )
BETWEEN: QUEENSLAND TRUSTEES LIMITED
Applicant AND: WHITE & GARDINER PTY. LTD.
First Respondent AND: GLEN J. WHITE
Second Respondent
MINUTES OF ORDER
JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 31 MARCH 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
(1) The subpoena duces tecum dated 6 March 1987 issued to Wilson Joseph Wilde and Anthony Gardiner Sherlock be complied with when served.
(2) The subpoena will be sufficiently complied with by production of the trading accounts, the profit and loss statements and the balance sheets of the four companies mentioned in the subpoena for the five (5) financial years there mentioned.
(3) The applicant may promptly take copies of the documents produced pursuant to (2) above on its undertaking only to use them for the purpose of this litigation.
(4) That forthwith after such copies are taken, the same be returned to the custody of Wilson Joseph Wilde and Anthony Gardiner Sherlock.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
TIN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT: REGISTRY ) QLD G2 of 1987 GENERAL DIVISION )
BETWEEN: QUEENSLAND TRUSTEES LIMITED
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