Mclernon Group Insurances Pty Ltd v Biron Corporation Ltd & Anor [1995] FCA 500

CATCHWORDS PRACTICE AND PROCEDURE - third party discovery - whether orders previously made should be recalled - whether motion should be granted in respect of revised description of third party documents. Richardson Pacific Ltd v Fielding (1990) 26 FCR 188 Autodesk Inc v Dyason (1993) 176 CLR 300 Re La Rosa; Ex parte Norgard (French J, 26 October 1992, unreported) Hughes v Western Australian Cricket Association (Inc) & Ors (1986) 66 ALR 541 Waind v Hill & National Employer's Mutual General Association Ltd [1978] 1 NSWLR 372 Smith v New South Wales Bar Association [No2] (1992) 176 CLR 605 MCLERNON GROUP INSURANCES PTY LTD v BIRON CORPORATION LIMITED and LLOYD ZAMPATTI NO WAG 3003 OF 1995 R D NICHOLSON J PERTH 6 JULY 1995

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY) GENERAL DIVISION ) NO WAG 3003 OF 1995 B E T W E E N: MCLERNON GROUP INSURANCES PTY LTD Applicant and BIRON CORPORATION LIMITED First Respondent and LLOYD ZAMPATTI Second Respondent MINUTE OF PROPOSED ORDERS JUDGE MAKING ORDER: R D NICHOLSON J DATE OF ORDER: 6 JULY 1995 WHERE MADE: PERTH THE COURT ORDERS THAT: 1. The respondent's motion dated 9 June 1995 be amended to provide for the relief claimed in par2 to be claimed also in the alternative. 2. Paragraph 1 of that motion be refused. 3. Paterson Ord Minnett Limited make discovery to the respondents of any documents in its possession in any of the following classes: (a) Research notes, drafts of research notes and recommendations created by Paterson Ord Minnett Limited in relation to the first respondent or the value of the ordinary shares of the first respondent over the period July 1994 to October 1994.