Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v Shell Co of Australia Ltd [1999] FCA 212
PROCEDURE - subpoena - whether subpoena issued to party oppressive - whether subpoena amounts to application for further and better discovery - whether ought to be set aside. PROCEDURE - costs - whether party successful in interlocutory proceeding ought to be at liberty to tax and collect costs immediately.
Federal Court RulesO 27 r 9; O 62 r 3 Southern Pacific Hotel Services Inc v Southern Pacific Hotel Corporation Ltd [1984] 1 NSWLR 710 cited Spencer Motors Pty Ltd v LNC Industries Ltd [1982] 2 NSWLR 921 cited Greyhound Australia Pty Ltd v Deluxe Coaches Pty Ltd (1986) 11 FCR 592 referred to Lucas Industries Ltd v Hewitt (1978) 45 FLR 174 cited Commissioner for Railways v Small (1938) 38 SR (NSW) 564 Diddams v Commonwealth Bank of Australia [1998] FCA 497 applied Mulley v Manifold (1959) 103 CLR 341 referred to Kizon v Palmer (1997) 75 FCR 261 cited Kizon v Palmer [1998] FCA 312 referred to Finnie v Dalglish (1982) 1 NSWLR 400 cited National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 cited Trade Practices Commission v Arnotts Limited (1989) 88 ALR 90 applied Australian Competition & Consumer Commission v Australian Safeway Stores Pty Limited & Ors [1998] FCA 1599 referred to
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE SHELL COMPANY OF AUSTRALIA LIMITED ACN 004 610 459
QG194 OF 1996
COOPER J BRISBANE 11 MARCH 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG194 OF 1996
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: THE SHELL COMPANY OF AUSTRALIA LIMITED ACN 004 610 459
Respondent
JUDGE: COOPER J
DATE OF ORDER: 11 MARCH 1999
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