Federal Court of Australia
JUDGMENT No. 23 Lenal oo t'S..
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FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 913 of 1994 GENERAL DIVISION )
BETWEEN:
HUGHES AIRCRAFT SYSTEMS INTERNATIONAL
Applicant
AND:
AIRSERVICES AUSTRALIA Respondent
CORAM: SACKVILLE J. OP CEIVED PLACE: SYDNEY DATE: 23 AUGUST 1995 04 SEP 1995 EDERAL COURT OF AUSTRALIA
PRINCIPAL | REGISTRY
In this matter a judgment was delivered by Davies J. on 28 June
REASONS FOR JUDGMENT
1995. In that judgment his Honour dealt with the applicant's claim, in effect, for preliminary discovery. His Honour, at page 10 of the judgment, stated that he would not finalise his views or make any: formal orders, but short minutes of order should be brought in at a later time. Those short minutes were ultimately
brought in and orders were made on 12 July 1995. Paragraph 2 of
those orders provides that:
The respondent shall make discovery, in accordance with Order 15A rule 6, of the documents described in the attached schedule on or before 26 July 1995.
Mr Raftesath, on behalf of the applicant, seeks an order that
discovery be verified. There has in fact been a list of
documents provided by the respondent to the applicant. That list
-2- has been signed by the solicitor for the respondent, but there has been no verification of the list so provided. Mr Raftesath puts two arguments. The first is that 0.15A r.6, when it refers to "make discovery", does so aS a cross reference to 0.15 r.2. That rule deals with discovery on notice and requires an
affidavit verifying the list: 0.15, r.2(2) (b).
Alternatively, Mr Raftesath submits that the Court, in its inherent jurisdiction, or possibly pursuant to 0.10, r.1, has power to order verification of the list provided by the
respondent.
Mr Griffiths, on behalf of the respondent, points out that no specific order was made by his Honour that the list of documents be verified. Mr Griffiths does not dispute that there is power in the Court, pursuant to 0.10, at least, to require verification
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