Dibb v Avco Financial Services Ltd [2000] FCA 1785

FEDERAL COURT OF AUSTRALIA

Dibb v Avco Financial Services Ltd [2000] FCA 1785 COSTS – Federal Court Rules O 62A – application to fix maximum costs recoverable in proceedings – whether order should be made. PRACTICE AND PROCEDURE – discovery – whether order for production of documents is appropriate. PRACTICE AND PROCEDURE – discovery – confidential and privileged documents said to have been inadvertently discovered – whether sufficient evidence of inadvertence.

Trade Practices Act 1974 (Cth). Superannuation Industry (Supervision) Act 1993 (Cth). Evidence Act 1995 (Cth), ss 118, 122. Federal Court Rules, O 15 r 11; O 62A Hanisch v Strive Pty Ltd (1997) 74 FCR 384, cited. Sacks v Permanent Trustee Australia Ltd (1993) 45 FCR 509, cited. Woodland v Permanent Trustee Co Ltd (1995) 58 FCR 139, cited. Director of Public Prosecutions (Cth) v Kane (1997) 140 FLR 468, cited. Mann v Carnell (1999) 168 ALR 86, cited. Meltend Pty Ltd v Restoration Clinics of Australia Pty Ltd (1997) 75 FCR 511, cited. Simpson, Bailey and Evans, Discovery and Interrogatories (2nd ed., 1990). RAYMOND DIBB v AVCO FINANCIAL SERVICES LTD & ANOR N 673 of 1999 SACKVILLE J SYDNEY 8 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 673 OF 1999

BETWEEN: RAYMOND DIBB

APPLICANT

AND: AVCO FINANCIAL SERVICES LTD

FIRST RESPONDENT

AVCO SUPERANNUATION PLAN PTY LTD

THIRD RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 8 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant's motion filed on 15 September 1999 be dismissed. 2. The first respondent's motion filed on 9 October 2000 be dismissed. 3. The third respondent's motion filed on 18 October 2000 be dismissed. 4. There be no order as to costs in relation to any of the motions.