Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - application by respondent to set aside or stand over notice to produce and subpoenas to third parties - whether notice and subpoenas amount to abuse of process or discovery - whether applicant has a legitimate forensic purpose - effect of notice and subpoenas on case management. Trade Practices Act 1974 (Cth) - ss 51A, 52, 53(aa), 53(c) Federal Court Rules - O27 r4A Lucas Industries Limited v Hewitt & Ors (1978) 18 ALR 555 - cited TRUTH ABOUT MOTORWAYS PTY LTD v MACQUARIE INFRASTRUCTURE INVESTMENT MANAGEMENT LTD NG 833 of 1997 FOSTER J 18 august 1998 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 833 of 1997
BETWEEN: truth about motorways pty ltd
Applicant
AND: macquarie infrastructure investment management ltd
Respondent
JUDGE: FOSTER J
DATE OF ORDER: 18 august 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The motion be allowed. 2. The notice to produce issued by the applicant dated 17 June 1998 be stood over generally. 3. That each of the subpoenas issued by the applicant dated 17 June 1998 and addressed to the following parties: (a) Rust PPK Environment and Infrastructure Pty Ltd; (b) Long Technical Pty Ltd; (c) Symonds Travers Morgan Pty Ltd; (d) Roads and Traffic Authority of NSW; and (e) Leighton Contractors Pty Ltd; be stood over generally. 4. The costs of this notice of motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 833 of 1997
BETWEEN: truth about motorways pty ltd
Applicant
AND: macquarie infrastructure investment management ltd
Respondent
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