Deputy Commissioner of Taxation v Swiss Aluminium Australia Ltd [1987] FCA 161

CATCHWORDS .

Discovery - Application for prerogative writ of mandamus - whether power to order discovery - whether general or particular

discovery should be ordered - discretion.

THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA EX PARTE: SWISS ALUMINIUM AUSTRALIA LIMITED

No. G215 of 1986

Beaumont, J. Sydney 8 April 1987

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G215 of 1986

) GENERAL DIVISION )

Application for Writ of Mandamus AGAINST

THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent EX PARTE:

SWISS ALUMINIUM AUSTRALIA LIMITED

Prosecutor

MINUTES OF ORDER

Judge making order: Beaumont, J. Date order made: 8 April 1987

Where made: Sydney

THE COURT ORDERS THAT:

1. On or before 8 May 1987, the respondent give discovery of documents in accordance with 0.15 r.2(2).

2. Costs of this application be the prosecutor's costs in the principal proceedings.

3. General liberty to apply.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules,

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. G215 of 1986

) GENERAL DIVISION )

Application for Writ of Mandamus AGAINST

THE COMMISSIONER OF TAXATION OF THE COMMONWEALTH OF AUSTRALIA

Respondent EX PARTE:

SWISS ALUMINIUM AUSTRALIA LIMITED

Prosecutor

CORAM: Beaumont, J.

DATED: 8 April 1987

REASONS FOR JUDGMENT

Before the Court is an application by the prosecutor for an order that the Commissioner discover certain documents. The history of the litigation is described in my earlier judgment in the matter now reported at (1986) 68 A.L.R. 587 at p.588. In the

first instance, the prosecutor sought general discovery but when this was resisted by the Commissioner, the prosecutor sought

discovery of the following classes of documents:

"B. Any documents which:-