Tanner v Shergold [2004] FCA 176

FEDERAL COURT OF AUSTRALIA

Tanner v Shergold [2004] FCA 176 PRACTICE AND PROCEDURE – discovery motion – whether Court should exercise discretion refraining from ordering discovery – whether discovery repugnant to the Freedom of Information Act 1982 (Cth) – whether discovery inappropriate when a statement pursuant to section 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) has been provided – whether discovery is inappropriate when it concerns the state of mind of a decision maker – discovery to suit the facts of a particular case Freedom of Information Act 1982 (Cth) s36

Administrative Decisions (Judicial Review) Act 1977 (Cth)

Tanner v Shergold [2000] FCA 422, (2000) 171 ALR 672, referred to

Shergold v Tanner [2000] FCA 1420, (2000) 102 FCR 215, referred to

Shergold v Tanner [2002] FCA 19, (2002) 188 ALR 302, referred to

Australian Securities Commission v Somerville (1994) 51 FCR 38, applied

Minister for Immigration and Multicultural Affairs v Wong [2002] FCAFC 327, applied

Treasurer of the Commonwealth v Canwest Global Communications Corp, Full Court of the Federal Court of Australia, 30 June 1997 (unreported), [1997] FCA 578, considered

Commissioner of Taxation v Nestle Australia Ltd (1986) 12 FCR 257, applied

LINDSAY TANNER v PETER ROGER SHERGOLD, AS DELEGATE OF PETER KEASTON REITH, MINISTER OF STATE FOR WORKPLACE RELATIONS AND SMALL BUSINESS V64 OF 1999 MARSHALL J 3 MARCH 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V64 OF 1999

BETWEEN: LINDSAY TANNER

APPLICANT

AND: PETER ROGER SHERGOLD, AS DELEGATE OF PETER KEASTON REITH, MINISTER OF STATE FOR WORKPLACE RELATIONS AND SMALL BUSINESS

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 3 MARCH 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. On or before 5 April 2004 the respondent file and serve an affidavit of documents in accordance with the reasons for judgment published this day. 2. The directions hearing and the further hearing of the applicant's amended notice of motion be adjourned to 28 April 2004 at 10.15 am. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.