Caterpillar Inc v John Deere Limited (No 2) [2000] FCA 1903

FEDERAL COURT OF AUSTRALIA Caterpillar Inc v John Deere Limited (No 2) [2000] FCA 1903

EVIDENCE – depositions taken in United States proceedings – whether admissible pursuant to s 63 or s 64 of Evidence Act 1995 (Cth) – whether person is available to give evidence – whether all reasonable steps taken to secure attendance – letter inviting person to come to be cross-examined – no tender of expenses – no response to letter – no attempt to make personal contact – no attempt to invoke Foreign Evidence Act 1974 – whether calling person would cause undue expense – relevant factors WORDS AND PHRASES – "all reasonable steps" "undue expense" Evidence Act 1995 (Cth) ss 63, 64, Dictionary Pt 2, cl 4, cl 6 Foreign Evidence Act 1974 (Cth) s 7 Re Sherlock (1991) 102 ALR 156 at 158-9 mentioned R v Walker (1993) 61 SASR 260 at 263 and 266 followed Australian Competition and Consumer Commission v Rural Press Ltd (1999) 169 ALR 201 at pars 15-16 followed CATERPILLAR INC V JOHN DEERE LIMITED (NO 2) NO VG 739 OF 1997 HEEREY J 21 DECEMBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 739 OF 1997

BETWEEN: CATERPILLAR INC

FIRST APPLICANT

JOHN DEERE LIMITED (ACN 008 671 725) & ORS RESPONDENTS

AND: JOHN DEERE LIMITED (ACN 008 671 725) & ORS

CROSS-CLAIMANTS

CATERPILLAR INC

CROSS-RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 21 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Rule that the evidence sought to be adduced pursuant to the respondents' notice dated 29 September 2000 is not admissible under s 63 or s 64 of the Evidence Act 1995 (Cth). 2. The respondents pay the applicant's costs in relation to the notice and the hearing on 12 December 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.