Harvey Norman Holdings Limited v Fels [2001] FCA 888

FEDERAL COURT OF AUSTRALIA

Harvey Norman Holdings Limited v Fels [2001] FCA 888

HARVEY NORMAN HOLDINGS LIMITED v ALLAN HERBERT MILLER FELS & ANOR N 858 of 2001 STONE J 5 JULY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 858 OF 2001

BETWEEN: HARVEY NORMAN HOLDINGS LIMITED

(ACN 003 237 545)

APPLICANT

AND: ALLAN HERBERT MILLER FELS

FIRST RESPONDENT

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

SECOND RESPONDENT JUDGE: STONE J

DATE OF ORDER: 5 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. subject to paragraph 2, the respondents give discovery in accordance with the Notice of Discovery by 9 July 2001; 2. in respect of: (a) documents falling within paragraph 2 and paragraph 4 of the Notice of Discovery; (b) documents which both fall within paragraph 1 of the Notice of Discovery and which comprise briefs prepared by the Second Respondent to Phillips Fox, until further court order, inspection be limited to Mr Donohue QC, Mr Carnovale and Mr Stowe (all of counsel); 3. the parties have liberty to apply: (a) on 3 hours notice between the hours of 8 am and 6 pm in respect of any application to extend to the category of persons entitled to inspect the documents referred to in paragraph 2 above; (b) otherwise, on 24 hours notice; 4. the costs of today be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 858 OF 2001

BETWEEN: HARVEY NORMAN HOLDINGS LIMITED

(ACN 003 237 545)

APPLICANT

AND: ALLAN HERBERT MILLER FELS

FIRST RESPONDENT

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION