Yamaji, T. & Anor v. Westpac Banking Corporation & Ors [1994] FCA 844

JUDGMENT No. Oth FS. CATCHWORDS

DISCOVERY -- related foreign litigation involving a company controlled by the appellant - documents in the power of a person.

STAY OF PROCEEDINGS - pending compliance with orders for discovery.

Re B and B (1978) 3WLR 624 Palmdale Insurance Ltd (in liquidatyon) v. L Grollo Pty Ltd & Ors (1987) VR 113

u Y: ii or

y. Westpac Banking Corporation & Ors QG136/92

QG 88/93

e : Bns! 3 ovember 1994

16 NOV 1994

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA )

ENS TRI EGISTRY ) 9. OG13. 2 GENERAL DIVISION ) No, OG88 of 1993 BETWEEN: TSUTOMU YAMAJI

First Appli AND: O. 137 L Second Applicant AND: WESTPAC BANKING CORPORATION irst Res t AND: CAYSAND NO. 138 PTY Second Respondent AND: ISAMU_YUTANI Third Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 2 November 1994 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The proceedings, as against the first respondent, be stayed pending

compliance with the order of Drummond J made on 1 July 1994 in

these respects:

(a) That the apphcant shall file and serve a supplementary sworn list of

documents listing all the documents in the applicant's possession or

(b)

(c) power in relation to the issues in this action within 14 days from the

date hereof.

That list must list the documents shown in schedule 2 to the unsworn supplementary list of documents, and where it is to be said that the documents are not in the possession or power but previously have been, the list must disclose when they were last in the applicant's possession or power. In the event that it is asserted that the documents have been lost the list, which will be verified by affidavit, must explain in detail in which circumstances the documents were last in the applicant's possession or power, and how it is that the conclusion that they are lost