Inala Plaza Discount Smokes Pty Ltd v Maembe Pty Ltd [1996] FCA 494

CATCHWORDS PRACTICE AND PROCEDURE - Application for non-party discovery - relevance of documents sought - no question of principle. Federal Court Rules O 15A INALA PLAZA DISCOUNT SMOKES PTY LTD v MAEMBE PTY LTD No QG 67 of 1994 Cooper J Brisbane 18 June 1996

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No QG 67 of 1994 BETWEEN: INALA PLAZA DISCOUNT SMOKES PTY LTD Applicant AND: MAEMBE PTY LTD Respondent

JUDGE MAKING ORDER:Cooper J WHERE MADE: Brisbane DATE OF ORDER: 18 June 1996

MINUTES OF ORDER THE COURT ORDERS THAT: 1. (a) Franklins Limited prepare, file and serve within twenty-one days of today an affidavit of documents in respect of the categories of documents contained in paragraphs 1(ii), (iii), (iv) and (vi) of the notice of motion filed 29 May 1996. (b) Subject to all proper objections, Franklins Limited produce for inspection the documents referred to in that affidavit within fourteen days thereafter. 2. (a) Maembe Pty Ltd pay to Franklins Limited all reasonable costs incurred by Franklins Limited in preparing the affidavit of documents and of making the documents available for inspection and the reasonable costs of photocopying, if any. (b) The amount to be paid by Maembe Pty Ltd to be agreed by the parties or in default of agreement, to be fixed by the taxing officer of the court. (c) Such costs be paid to Franklins Limited within twenty-eight days of the delivery of the material or within such period as may be agreed by the parties or ordered by the taxing officer.

(d) Maembe Pty Ltd pay Franklins Limited's costs of and incidental to the notice of motion on a solicitor and own client basis, to be taxed if not agreed. (e) The costs referred to in paragraphs (a) and (d) above be Maembe Pty Ltd's costs in the principal proceeding. 3. (a) Maembe Pty Ltd pay Woolworths (Qld) Pty Limited's legal costs of and incidental to the notice of motion on a solicitor and own client basis, to be taxed if not agreed. (b) Maembe Pty Ltd pay Woolworths (Qld) Pty Limited its reasonable costs of the investigation and preparation of the material contained in the affidavit of Anthony James Ritchie at the rate specified in paragraphs 2(e)(i) and (ii) of Mr Ritchie's affidavit to be determined by the taxing officer of the court, if not agreed. (c) The costs referred to in paragraphs (a) and (b) above be Maembe Pty Ltd's costs in the principal proceedings. 4. Maembe Pty Ltd's costs of and incidental to the notice of motion and today's appearance be its costs in the principal proceedings. 5. There be liberty to Franklins Limited to apply on three clear days notice for such orders as to confidentiality as it may be advised. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.