Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1638

FEDERAL COURT OF AUSTRALIA

Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1638

MACQUARIE GENERATION V COAL & ALLIED INDUSTRIES LIMITED NO. N 477 OF 2001 BEAUMONT J 9 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 477 OF 2001

BETWEEN: MACQUARIE GENERATION

APPLICANT

AND: COAL & ALLIED INDUSTRIES LIMITED

RESPONDENT

JUDGE: BEAUMONT J

DATE OF ORDER: 9 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondent's discovery of documents (save in respect of e-mails and electronic documents) in instalments in accordance with the categories of documents attached to the order of 24 August 2001 and marked "C", be completed on or before 14 December 2001. 2. The respondent give discovery of e-mails and electronic documents in accordance with the protocol set out in the letter from Allens Arthur Robinson to Speed & Stracey dated 7 November 2001 in instalments in accordance with the categories of documents attached to the order of 24 August 2001 and marked "C", such discovery to be completed on or before 31 January 2002. 3. The parties exchange witness statements as to the facts and lists of documents for tender on or before 8 February 2002. 4. The matter be fixed for final hearing on 25 February 2002. 5. Philip John Ward be granted access to the confidential particulars to paragraphs 11, 19, 20 and 22 of the applicant's statement of claim, upon execution by him of a confidentiality undertaking in the form of the confidentiality undertaking agreed between the parties, which is exhibit "MP-1" to the affidavit of Paul Manvers Meadows sworn 7 November 2001. 6. Liberty to apply be reserved. 7. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.