The Guide Dog Owners' & Friends' Association Inc v Guide Dog Association of New South Wales & ACT & Anor [1998] FCA 375

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 948 of 1996

BETWEEN: THE GUIDE DOG OWNERS' & FRIENDS' ASSOCIATION INC

(ACN 004 758 641)

Applicant

AND: GUIDE DOG ASSOCIATION OF NEW SOUTH WALES & ACT

(ACN 000 399 744)

FIRST Respondent

ROYAL GUIDE DOGS ASSOCIATIONS OF AUSTRALIA

(ACN 008 427 423)

SECOND RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 16 APRIL 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Subject to paragraphs 2 and 3, the applicant make available in Sydney for inspection by the respondents' solicitors the documents numbered 1, 2 and 3 in the Applicant's Further List of Documents verified on 4 March 1998 ("the disputed documents"), at or before 12 noon on 20 April 1998. 2. The applicant's obligation in paragraph 1 is conditional upon Mark Nicholas Johnson and any employed solicitor engaged in the case on behalf of the respondents executing an undertaking in respect of documents numbered 1 and 2 in the applicant's Further List of Documents in or to the effect of the undertaking executed by Mark Nicholas Johnson on 23 March 1998 (being part of annexure D to the affidavit of Mark Nicholas Johnson sworn 7 April 1998), except that the period of notice in paragraph 5 of the undertakings should be 48 hours, such undertakings to be delivered to the applicant's solicitors by 4 pm on 17 April 1998. 3. The applicant's obligations under paragraph 1 may be satisfied by making available for inspection by the respondents' solicitors true copies of the disputed documents (including the cassette tapes). Should the applicant make available copies of the disputed documents (or some of them) the respondents must pay to the applicants the reasonable costs of copying or reproducing those copies. 4. The Notice of Motion filed by the applicant on 7 April 1998 ("the motion") be dismissed. 5. The applicant pay the respondents' costs of the motion. 6. The applicant and the respondents each serve, on or before 4 pm on 28 April 1998, an indexed bundle of documents to be tendered in the principal proceedings ("tender bundle"). 7. The applicant and the respondents each notify the other, on or before 4 pm on 1 May 1998, of objections to the tender of any documents in the other's tender bundle, including a brief statement of the grounds of each objection. 8. The applicant and the respondents each serve, on or before 4 pm on 28 April 1998 a list of objections to affidavits, including a brief statement of the grounds of each objection. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.