Bailey v Beagle Management Pty Ltd [2000] FCA 1577

FEDERAL COURT OF AUSTRALIA

Bailey v Beagle Management Pty Ltd [2000] FCA 1577 PRACTICE AND PROCEDURE – applications for security for costs – notices to produce in support of applications for security for costs – whether notices to produce were "fishing expeditions" – whether information sought was relevant to financial position of applicant. Commissioner for Railways v Small (1938) 38 SR(NSW) 564 referred to Australian Competition Consumer Commission v Shell Co of Australia Ltd [1999] FCA 212 referred to PETER G & ORS v BEAGLE MANAGEMENT PTY LTD & ORS V 435 of 2000 GOLDBERG J 1 NOVEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 435 of 2000

BETWEEN: PETER G BAILEY and OTHERS

(according to attached Schedule of Applicants)

Applicants

AND: BEAGLE MANAGEMENT PTY LTD

(ACN 009 280 791)

First Respondent

B M LIMITED

(ACN 009 362 350)

Second Respondent

BEAGLE HOLDINGS PTY LTD

(ACN 009 280 782)

Third Respondent

JOHN CARLTON YOUNG

Fourth Respondent

HELEN MARGARET SEWELL

Fifth Respondent

PERPETUAL TRUSTEES WA LIMITED

(ACN 008 666 886)

Sixth Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 1 NOVEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applications made in paragraphs 1, 2 and 3 of the applicants' notice of motion filed on 20 October 2000 be dismissed. 2. The application made in paragraph 4 of the said notice of motion be adjourned sine die. 3. The further response of the applicants to the Notice to Produce dated 10 October 2000 served on the applicants by the first to fifth respondents and to the Notice to Produce dated 17 October 2000 served on the applicants by the sixth respondent be stood over pending the hearing and determination of any application by the applicants for leave to appeal against the order made in paragraph 1 of this order. 4. The further hearing of the Notices of Motion filed on 10 October 2000 and 17 October 2000 by the first to fifth respondents and by the sixth respondent respectively be adjourned pending the hearing and determination of any application by the applicants for leave to appeal against the order made in paragraph 1 of this order. 5. The applicants pay the respondents' costs in relation to paragraphs 1, 2 and 3 of the applicants' said Notice of Motion including the costs of the hearing on 1 November 2000. 6. The costs of all parties in relation to the respondents' said notices of motion be reserved for further consideration. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.