Australian Competition & Consumer Commission v INFO4PC.com Pty Ltd [2003] FCA 290

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v INFO4PC.com Pty Ltd [2003] FCA 290 PROCEDURE – discovery and interrogatories – relevance of authority of second respondent to respond on behalf of the first respondent – whether acquiescence of applicant in formulation of order for discovery in the alternative bars further orders Corporations Act 2001 (Cth) s 201A Federal Court Rules O 15 r 9(1)(c), O 15 r 16(1)(b), O 16 r 9(1)(b) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v INFO4PC.COM PTY LTD and JAMES RAE S17 of 2001 RD NICHOLSON J 2 APRIL 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY S17 OF 2001

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: INFO4PC.COM PTY LTD

FIRST RESPONDENT

JAMES RAE

SECOND RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 2 APRIL 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The first respondent provide answers to the applicant's notice to answer interrogatories within 21 days of the making of this order, failing which default judgment be entered for the applicant against the first respondent pursuant to Order 16 rule 9(1)(b) of the Federal Court Rules. 2. The first respondent provide discovery within 21 days of making of this order, failing which default judgment be entered for the applicant against the first respondent pursuant to Order 15 rule 16(1)(b). 3. Within 14 days the second respondent produce for inspection by the applicant all documents in his possession, custody or power save any such documents in relation to which the second respondent maintains a claim for privilege which such documents shall be lodged with the Registrar of the Court in a sealed envelope on which is signified the claim for privilege. 4. The first and second respondents pay the applicant's costs of its notice of motion dated 17 August 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.