Potts L.N. v Dennis Jones & Co. Pty Ltd & Ors [1995] FCA 490

CATCHWORDS PRACTICE AND PROCEDURE - notice to produce having effect as subpoena - application to set aside - application by cross respondent that cross claimant, which procured issue of subpoena to third party be denied access to documents produced by third party - direction by Australian Securities Commission under sub-s 55 (1) of Australian Securities Commission Law that publication of documents and evidence be "prevented" - whether direction impairs Court's power to issue subpoena to produce documents - whether direction impairs party's right to procure issue of subpoena and/or right to serve notice to produce. PRACTICE AND PROCEDURE - subpoena to produce documents directed to third party - application by cross respondent that cross claimant which issued subpoena not have access to documents produced in answer - "public interest immunity" - "deal" between cross respondent and Australian Securities Commission ("ASC") that cross respondent would give evidence at hearing before ASC and that ASC would make order under sub-s 55 (1) of Australian Securities Commission Law preventing publication of evidence and documents - whether public interest immunity arising from public interest in facilitation of hearings by ASC - whether "deal" can override ordinary court processes of subpoena and notice to produce. CORPORATIONS - Australian Securities Commission ("ASC") - Australian Securities Commission Law, sub-s 55 (1) - whether direction by ASC preventing publication of evidence and documents impairs processes of subpoena and notice to produce available in Federal Court. Australian Securities Commission Law, (Cth) ss 51, 52, 55, 57. Corporations Law (Cth) ss 829, 830, 837. Federal Court of Australia Act 1976 (Cth), ss 38, 59. Federal Court Rules, Order 27, r 2; Order 33, r 12. Sanko Steamship Co Ltd v Sumitomo Australia Ltd (1992) 37 FCR 353 (FCA/Sheppard J) LESTER NEIL POTTS v DENNIS JONES & CO PTY LIMITED & ORS (No 2) No NG 882 of 1992