Reading Entertainment Australia Pty Ltd v Birch Carroll & Coyle Ltd [2001] FCA 1752

FEDERAL COURT OF AUSTRALIA

Reading Entertainment Australia Pty Ltd v Birch Carroll & Coyle Ltd [2001] FCA 1752 PRACTICE AND PROCEDURE – discovery – complex commercial issues arising in relation to causes of action for exclusive dealing against certain parties and knowing concern in relation thereto against remaining parties – discovery categories in dispute formulated by applicant – scope of documents in such categories potentially massive – similar fact documents sought in relation to geographical areas beyond the area of the market the subject of alleged misuse of power –formula for "high level" documents disputed on grounds of oppressive scope thereof – whether within framework of pleadings – cost and expense of discovery.

Trade Practices Act 1974 (Cth) ss 45, 46(1), 46(7), 47 and 75B Federal Court Rules O 15 r 2(3), O 15 r 2(5), O 15 r 3(1), O 15 r 3(2) BT Australia Pty Ltd v State of New South Wales (Sackville J, 20 May 1996, unreported) followed Dowling v Dalgety Australia Ltd (1992) 34 FCR 109 referred to Eastman Kodak Co v Image Technical Services Inc (1992) 504 US 451 referred to F Hoffman-La Roche AG v Chiron Corporation and Another (2000) 47 IPR 516 followed Melway Publishing Pty Ltd v Robert Hicks Pty Ltd (2001) 75 ALJR 600 referred to South Sydney District Rugby League Football Club v News Ltd [2000] FCA 519 followed The Lubrizol Corporation Inc v Imperial Chemical Industries plc [2000] FCA 1464 followed Trade Practices Commission v CC (NSW) Pty Ltd (1995) 58 FCR 426 cited Heydon, Trade Practices Law, para 5.410.29 JS Lockhart, 'Handling Trade Practices Cases' (1994) 17 University of New South Wales Law Journal 298 Federal Court Practice Note No. 14 published on 3 December 1999 READING ENTERTAINMENT AUSTRALIA PTY LIMITED v BIRCH CARROLL & COYLE LIMITED & OTHERS NG 326 of 1997 CONTI J 11 DECEMBER 2001 SYDNEY