Australian Competition & Consumer Commission v Australian Safeway Stores Pty Ltd & Ors [1998] FCA 1599

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE – subpoenas – third subpoena to produce documents - directed to one party and two non‑parties – to produce documents for the period "1 January 1994 to date" - applications to set aside – whether oppressive – whether documents sought relevant to issues in proceeding. Trade Practices Commission v Arnotts Limited (1989) 88 ALR 90 - applied Commissioner for Railways v Small (1938) 38 SR (NSW) 564 - applied Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 - applied National Employers' Mutual General Association Limited v Waind and Hill [1978] 1 NSWLR 372 - applied AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AUSTRALIAN SAFEWAY STORES PTY LIMITED & ORS VG 762 of 1996 GOLDBERG J MELBOURNE 15 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 762 of 1996

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: AUSTRALIAN SAFEWAY STORES PTY LIMITED

(ACN 004 319 439)

First Respondent

GEORGE WESTON FOODS LIMITED

(ACN 008 429 632)

Second Respondent

MARK JONES

Third Respondent

BERNIE BROOKES

Fourth Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 15 DECEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The subpoenas issued on or about 10 November 1998 at the request of the first, third and fourth respondents directed to George Weston Foods Limited, Quality Bakers Australia Limited and Sunicrust Bakeries Pty Limited be set aside. 2. The first, third and fourth respondents pay the costs of George Weston Foods Limited, Quality Bakers Australia Limited and Sunicrust Bakeries Pty Limited in respect of their respective motions to set aside the subpoena addressed to each of them. 3. The first, third and fourth respondents pay the costs of Quality Bakers Australia Limited and Sunicrust Bakeries Pty Limited in respect of the first, third and fourth respondents' motion served 27 November 1998 and filed 2 December 1998, to vary confidentiality undertakings and the order for confidentiality made by Registrar Efthim on 14 October 1998. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules