Council of the City of Sydney v Goldspar Pty Ltd [2003] FCA 769

FEDERAL COURT OF AUSTRALIA

Council of the City of Sydney v Goldspar Pty Ltd [2003] FCA 769

PRACTICE AND PROCEDURE – third party discovery – presumption that third party entitled to costs of appearing on the motion and of providing discovery Federal Court Rules O 15A r 8 COUNCIL OF THE CITY OF SYDNEY v GOLDSPAR PTY LIMITED (ACN 002 705 991) AND DOUGLAS RAWSON-HARRIS N 728 OF 2002 GYLES J SYDNEY 26 JUNE 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 728 OF 2002

BETWEEN: COUNCIL OF THE CITY OF SYDNEY

APPLICANT

AND: GOLDSPAR PTY LIMITED (ACN 002 705 991)

FIRST RESPONDENT

DOUGLAS RAWSON-HARRIS

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 26 JUNE 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Respondent, Streetscapes Projects (Australia) Pty Limited ("Streetscapes"), to give discovery of all documents recording, referring or relating to: (a) the supply or provision to third parties of any copy or copies of the letter dated 2 November 2001 from the Council of the City of Sydney to Streetscapes; and (b) the communication to third parties of part or all of the contents of that letter. 2. Respondent, Streetscapes, to file and serve verified list of documents in accordance with the above categories by 14 July 2003. The respondent is not required, in preparing the list, to reveal the identity of customers or prospective customers. 3. Subject to further order, the inspection of documents on the above list be confined to legal practitioners who have provided a written undertaking to the respondent, Streetscapes, in the following terms: (a) I undertake not to use any document or any information in any document discovered by the respondent for any purpose other than the purpose of these proceedings; and (b) I undertake not to disclose any document without the prior written consent of the respondent or until further order of the court to any person other than lawyers acting on behalf of the applicant who have themselves given a written undertaking in the same terms as this undertaking. 4. Subject to the above order, the applicant, Goldspar Pty Limited, to inspect documents from 15 July 2003. 5. Applicant, Goldspar Pty Limited, to pay respondent, Streetscapes', costs of today's motion and respondent's reasonable costs of giving discovery in accordance with these orders. 6. Motion relisted for further directions on 21 July 2003. 7. Either party have liberty to apply on two days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.