Federal Court of Australia
a
LIMITED CISTRisUTION ONLY NCT SUITABL2 FOR REPORTING
IGP6 ee c RDS
PRACTICE AND PROCEDURE - Subpoena duces tecum - Notice to produce - whether an abuse of power, fishing, oppressive or for an ulterior purpose - extent to which party needs to disclose documents in relation to its financial position - application for security for costs pending - where burden of
proof lies - whether 0.15 rr.10 and 11 of the Federal Court Rules operate to require production of documents filed in
relation to interlocutory proceedings - factors weighing on
exercise of Court's discretion.
0.15 rr.10, 11 Federal Court Rules
P, c - LTD. v WHITE INDUSTRIES
No. G198 of 1986
Ryan J Melbourne 18 April 1988
IN THE FEDERAL COURT OF AUSTRALIA ) )
QUEENSLAND DISTRICT REGISTRY ) No. G198 of 1986 ) )
GENERAL DIVISION
BETWEEN: CABOOLTURE PARK SHOPPING CENTRE PTY. LTD.
(Applicant) AND: WHITE INDUSTRIES (QLD) PTY. LIMITED (Respondent) AND: WHITE INDUSTRIES (QLD) PTY. LIMITED (Cross-Claimant) AND CABOOLTURE PARK SHOPPING
CENTRE PTY. LTD.
(Cross—Respondent )
Coram: Ryan J.
Date: 18 April 1988
Place: Brisbane
MINUTES OF ORDER
THE COURT ORDERS:
1. That Caboolture Park Shopping Centre Pty. Ltd. ("Caboolture Park") by 5.00 p.m. on 19 April 1988 comply with the subpoena issued by White Industries (Qld.) Pty. Ltd. ("WIQ") on 7 March 1988 by supplying to the solicitors for WIQ a copy of each of the
following documents:-
(a) Profit and Loss Statement of Caboolture Park for
year ended 30 June 1987;
(b) Balance Sheet of Caboolture Park as at 30 June
1987;
(c) Any auditor's or directors' reports or notes annexed to or forming part of the accounts
referred to in sub-paragraphs (a) and (b) hereof;
(d) Income Tax return of Caboolture Park for year
ended 30 June 1987;
(e) Each instrument of mortgage secured on the land on which the Caboolture Park shopping centre is
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate