Telstra Corp Ltd v AAP Telecommunications Pty Ltd [1999] FCA 1112

FEDERAL COURT OF AUSTRALIA

Telstra Corp Ltd v AAP Telecommunications Pty Ltd [1999] FCA 1112

TELSTRA CORPORATION LIMITED v AAP TELECOMMUNICATIONS PTY LIMITED

NG 484 OF 1997 NG 449 OF 1997 NG 1124 OF 1997

THE HON JUSTICE MARCUS EINFELD AO SYDNEY 12 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 484 OF 1997

NG 449 OF 1997

NG 1125 OF 1997

BETWEEN: TELSTRA CORPORATION LIMITED

Applicant

AND: AAP TELECOMMUNICATIONS PTY LIMITED

Respondent

JUDGE: THE HON JUSTICE MARCUS EINFELD AO

DATE: 12 AUGUST 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT

1 As is not uncommon when cases involving well known parties appear in the court lists, there are inquiries by media representatives to the Judge's chambers as to what the matter is intended to cover and presumably whether it might be of some interest to the public. In this particular case, the media was informed that there was nothing of general interest in this morning's proceedings. It is just as well that they accepted the advice because they might have been shocked to learn how some lawyers behave in litigation, especially for parties that seem to have endless sums of money to debate arid issues with each other and then with the Court. I cannot advise such parties how they should spend their money but I can restrict the wasting of time on frolics being extended to the Court. The Court is entitled to expect the legal profession to present its litigation in a sensible and orderly fashion and not to bring applications that can and ought to be resolved without using valuable Court time. This is one such example.

2 On 23 July the respondent filed a motion for discovery seeking five items or sets of items. It appears from discussion this morning that there is no dispute about four of them in that material is likely to be produced in one form or another as sought in subparagraphs (b) to (f) of paragraph 1 of the motion. Hence, the matter before the Court today is the discoverability of the documents set out in an annexure to a letter from AAPT's solicitors to Telstra's solicitors on 3 June 1999.