In the matter of Sierra Mexican Food Company Pty Limited (Receiver and Manager Appointed) (In Liquidation) [1997] FCA 1625

JUDGMENT No. !V. 47, LEZS

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

IN THE MATTER OF:

BETWEEN:

AND:

Coram: Beaumont J Place: Sydney Date: 24 January 1997

ORDERS

THE COURT ORDERS:

NG 3785 of 1996

SIERRA __MEXICAN __FOOD COMPANY_ PTY _ LIMITED (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

RONALD BENTLEY BROWN

and

SIERRA __MEXICAN FOOD COMPANY _ PTY LIMITED (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION)

Applicants

ROSITA'S AUSTRALIA PTY LIMITED

Respondent

1. Direct that the applicants file and serve points of claim within seven days.

2. Within 21 days, the respondent file and serve a list of documents that are directly

relevant to the issues in the principal proceedings and in particular, file and serve a

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list of the documents in "MFI 1", as amended. Grant liberty to the respondent to

describe documents in its list by a class description.

Direct that the respondent make its documents available for inspection at its

Victorian business premises, or such other premises as the parties may agree.

Direct that the applicants nominate an address for service in Melbourne of the

respondent's list of documents by way of discovery.

Suspend the operation of the order for discovery up to and including the date upon which an undertaking in writing is filed in the Registry in accordance with the undertaking as to confidentiality described in paragraphs 2 and 3 of the applicants'

notice of motion dated 10 January 1997.

Further direct that, except with the leave of the Court or the written consent of the

respondent or its solicitors, no persons, other than the persons referred to in para. 2

of the applicants' notice of motion dated 10 January 1997, be permitted to inspect

the respondent's documents produced on discovery.

Reserve general liberty to any party to apply in connection with discovery.