Evans Deakin Pty Limited v Sebel Furniture Limited [2001] FCA 1772

FEDERAL COURT OF AUSTRALIA

Evans Deakin Pty Limited v Sebel Furniture Limited [2001] FCA 1772

practice and procedure – discovery – third party discovery under Order 15A rule 8 of the Federal Court Rules – circumstances in which third party discovery orders might be made – limits to construing rule otherwise than on the words of the rule – where third party is parent of party to proceedings – consideration of general principles

Federal Court Rules O 15A r 8 Keviris Pty Limited v Capitol Building Society (unreported, Supreme Court of Victoria, 9 February 1988) referred to Richardson Pacific v Fielding (1990) 26 FCR 188 referred to McLernon Group Insurances v Biron Corporation [1995] FCA 500 referred to Re La Rosa [1992] FCA 797 referred to The Owners of the Ship 'Shin Kobe Maru' v The Empire Shipping Company Inc (1994) 181 CLR 404 referred to PMT Partners Pty Limited (in Liquidation) v Australian National Parks and Wildlife Services (1995) referred to 184 CLR 301 Knight v F.P. Special Assets (1992) 174 CLR 178 referred to Eastman v R [2000] HCA 29 referred to Australian Memory v Brien [2000] HCA 30 referred to Abebe v the Commonwealth (1999) 197 CLR 510 referred to Re JJT; Ex parte Victoria Legal Aid (1998) 195 CLR 184 referred to EVANS DEAKIN PTY LIMITED v SEBEL FURNITURE LIMITED N 768 of 1999 ALLSOP J SYDNEY 10 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N768 of 1999

BETWEEN: EVANS DEAKIN PTY LIMITED

APPLICANT

AND: SEBEL FURNITURE LIMITED

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 10 DECEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Leave be granted to the respondent to serve upon Evans Deakin Industries Pty Ltd a subpoena in the form of the draft annexed and marked A. 2. The applicant, through its officers and solicitors, take such steps as are reasonably necessary to assist Evans Deakin Industries Pty Ltd to ascertain and produce the documents under the subpoena referred to in Order 1 above, the legal costs of any such assistance to be the applicant's costs in the cause. 3. The respondent's Notice of Motion filed 5 December 2001 be dismissed. 4. The costs of the applicant and the respondent of and relating to the respondent's notice of motion be costs in the cause. 5. Evans Deakin Industries Pty Ltd pay its own costs of the respondent's notice of motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.