Trade Practices Commission v. Gold Coast Property Sales P/L & Ors [1994] FCA 842

JUDGMENT No. wnt pT CATCHWORDS

DISCOVERY - inference that further documents in existence.

Order 16, rules 5, 16 Federal Court Rules

de Practices issio v Gold t Pro les td & Ors QG31 of 1994

iefel J; Brisbane; 31 October 1994

16 NOV 1994

FEDERAL COURT OF

AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA ) 0. OG3 4

UEEN: D DISTRICT REGISTRY ) NERAL DIVISIO. ) TWEEN: T. P. ICES COMMISSION Applicant AND: GOLD COAST PROPERTY SALES PTy LTD Enst Respondent AND: DAVID MARR spondent AND: JASON HODSON spondent AND: ADRIAN HODSON Fourth Respondent AND: O YC INE HODSON Fifth Respondent AND: MILTON JAMES HODSON Sixth Respondent AND: ANDREW McNAIR venth Re di AND: TELEVISION AND TELECASTERS LIMITED Eighth Respondent NUTES OF ORDERS JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 31 October 1994 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The First Respondent, Second Respondent, Third Respondent, Fourth

Respondent, Fifth Respondent and Sixth Respondent file and serve

within seven (7) days of the date of this order, an affidavit stating

whether the following classes of documents are or have been in their

possession and, if the documents have been but are not now in their

possession, what has become ot the documents:

(a)

(b)

(c)

(4)

(©)

promotional videos used in marketing land, as it is defined in the

Amended Statement of Claim ("the land"), since January 1993;

photographs used in marketing the land since January 1993;

price lists used in marketing the land since January 1993;

contracts of sale, Department of Lands transfer forms, notification of change of ownership forms and correspondence between Vendor and Purchaser evidencing the disposal of the land, where any of the First, Fifth or Sixth Respondents is

described as the Vendor;

contracts of sale, Department of Lands transfer forms, notification of change of ownership forms and correspondence between Vendor and Purchaser evidencing the acquisition of the land, where any of the First, Fifth or Sixth Respondents is