Lake Cumbeline P/L & Ors v. EFFEM Foods P/L trading as Uncle Bens of Australia [1994] FCA 665

JUDGMENT No. 66S. 24,

CATCHWORDS

SUBPOENA - whether certain paragraphs ought to be set aside - whether too wide -

relevance.

Trade Practices Act 1974 ss 52, 53, 82

LAKE CUMBELINE PTY LTD and IDOBOOK PTY LIMITED and PETER HORROBIN and RICHARD SANDS and RAYMOND PRIDMORE v EFFEM FOODS PTY LIMITED trading as UNCLE BEN'S OF AUSTRALIA.

No. G129 of 1990

RECEIVED Tamberlin J 20 st P 1994 Sydney

20 September 1994

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION

No. G129 of 1990

BETWEEN : LAKE CUMBELINE PTY LIMITED First Applicant

IDOBOOK PTY LIMITED Second Applicant

PETER HORROBIN Third Applicant

RICHARD SANDS Fourth Applicant

RAYMOND PRIDMORE Fifth Applicant

AND : EFFEM FOODS PTY LIMITED trading as UNCLE BEN'S

OF AUSTRALIA Respondent

CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 20 SEPTEMBER 1994

MINUTES OF ORDER

THE COURT ORDERS THAT : 1. Paragraphs 2, 3 (ii) (in) and 4 of each of the subpoenas be set aside.

2. Respondent to pay the costs of the notice of motion.

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

IN THE FEDERAL COURT OF AUSTRALIA No. G129 of 1990

BETWEEN : LAKE CUMBELINE PTY LIMITED First Applicant

IDOBOOK PTY LIMITED Second Applicant

PETER HORROBIN Third Applicant

RICHARD SANDS Fourth Apphcant

RAYMOND PRIDMORE Fifth Applicant

AND : EFFEM FOODS PTY LIMITED

trading as UNCLE BEN'S OF AUSTRALIA

Respondent

CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 20 SEPTEMBER 1994

REASONS FOR JUDGMENT

This is a Notice of Motion brought by P R Horrobin Pty Ltd, Kisdall Pty Limited, and Lake Adolphus Pty Limited for orders that certain paragraphs in subpoenas served on

each of the three companies should be set aside.

The paragraphs in question read as follows :

"2. All onginal or copy minutes of any directors' or shareholders' meetings in the period 1 January 1980 to 31 December 1990;