Concrete Constructions v Commonwealth of Australia [1996] FCA 437

JUDGMENT No. 437, 1G.

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IN THE FEDERAL COURT OF AUSTRALIA

NEW_SOUTH WALES DISTRICT REGISTRY No. NG 710 of 1995

GENERAL DIVISION

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BETWEEN: CONCRETE CONSTRUCTIONS Applicant

AND: COMMONWEALTH OF AUSTRALIA Respondent

CORAM: SHEPPARD J

PLACE: SYDNEY 05 JUN 1996 DATE: 22 MAY 1996 FEDERAL COURT OF

PRINCIPAL REGISTRY

REASONS FOR JUDGMENT (EX TEMPORE

HIS HONOUR: To be dealt with are two notices of motion, one taken out by the applicant, the other by the respondent. The notice of motion taken out by the applicant seeks orders that the respondent forthwith give discovery to the applicant of any documents that are or have been in its possession, custody or power relating to the matters in the schedule and that the respondent make available for inspection by the applicant by 10 May 1996 the documents discovered pursuant to that order. The date, 10 May 1996, has been amended, at least informally, by the applicant. I take account of the fact that its motion was not filed until 13 May. But as I understand it the date it would substitute is either 23 May, which is tomorrow, or a

date within a week or so of that date.

The notice of motion taken out by the respondent seeks orders that the time for the respondent to provide a list of documents referred to in certain directions made on 26 April 1996 be extended to 28 June 1996 and that the time for the respondent to give inspection of the documents on what is called "the preliminary discovery list" be extended to 12 July 1996. There are other orders sought but they are not relevant

to these applications.

It is convenient to deal first of all with the respondent's notice of motion because it really is determinative of the outcome of the two notices of motion. In this respect, I should mention that today a letter has been written by the respondent to the applicant which has been tendered by the respondent as amounting to an open offer to vary the orders sought by the respondent in its notice of motion. That offer is to allow the applicant's solicitors access to 36 folders of documents already reviewed by the respondent, on and from 5 June 1996, and to provide a list of what are described as "merged discovery documents", that is, documents produced on discovery, whether conventional discovery or preliminary discovery, by 12 July 1996 and to allow access to those documents, insofar as they have not already been produced as part of the 36 folders, from 26 July 1996.