Federal Court of Australia
Se
preereCLLAL
(NOT FOR DISTRIBUTION)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 358 of 1986
GENERAL DIVISION
BETWEEN:
WILLIAM CHARLES GARFIELD SINCLAIR Applicant
and
COMMONWEALTH OF AUSTRALIA
THE COMPTROLLER-GENERAL OF CUSTOMS
THE COLLECTOR OF CUSTOMS (QLD) and MAXWELL ROGERS Respondents
MINUTES OF ORDER
COURT: Woodward J.
DATE: 8 April 1988
PLACE: Melbourne
THE COURT ORDERS THAT:
1. The applicant's application for discovery be
dismissed.
2. The respondents have leave to serve and file,
within 21 days, amended contentions of fact
and law.
3.
Note:
The respondents give notice to the applicant, at the earliest practicable time, of any
documents in their possession on which they
intend to rely at the hearing.
Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA)
VICTORIA DISTRICT REGISTRY -No. VG 358 of 1986
eens
GENERAL DIVISION
BETWEEN:
WILLIAM CHARLES GARFIELD SINCLAIR Applicant
and
COMMONWEALTH OF AUSTRALIA
THE COMPTROLLER-GENERAL OF CUSTOMS
THE COLLECTOR OF CUSTOMS (QLD)
and MAXWELL ROGERS Respondents
COURT: Woodward J.
DATE: 8 April 1988 ~ 5 é
PLACE: Melbourne
EX TEMPORE JUDGMENT
I believe that, in the light of the authorities,
and particularly Federal Commissioner of Taxation v Nestle
Australia Ltd (1986) 69 ALR 445 at 452~3, I have an unfettered discretion in this application for judicial review of an administrative decision, whether to order Limited discovery or not; I do not believe there is any real issue as to general discovery. Having listened to the arguments of counsel with care I am not persuaded that any useful purpose
would be served by ordering discovery in this matter.
It seems to me that the issues to be litigated are very largely issues of law. In so far as it will be necessary for the applicant to establish at the outset any guestions of fact about the origins of the moneys which are in dispute, the facts relating to those moneys are peculiarly
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