Westfield Management Ltd v Brisbane Airport Corporation Ltd [2004] FCA 611

FEDERAL COURT OF AUSTRALIA

Westfield Management Ltd v Brisbane Airport Corporation Ltd [2004] FCA 611 PRACTICE AND PROCEDURE - disclosure - principles - relevancy Airports Act 1996 (Cth) Australian Competition and Consumer Commission v McMahon Services Pty Ltd [2004] FCA 353 R v Federal Court of Australia; Ex parte WA National Football League (1979) 143 CLR 190 State Superannuation Board v Trade Practices Commission (1982) 150 CLR 282 NSW Associated Blue Metal Quarries Ltd v Federal Commissioner of Taxation (1956) 94 CLR 509 Hope v Bathurst City Council (1980) 144 CLR 1 Gray v Associated Book Publishers (Aust) Pty Ltd [2002] FCA 1045 Index Group of Companies Pty Ltd v Nolan [2002] FCA 608

WESTFIELD MANAGEMENT LTD and CPT MANAGER LIMITED ACN 054 494 307 v BRISBANE AIRPORT CORPORATION LTD ACN 076 870 650, MINISTER FOR TRANSPORT AND REGIONAL SERVICES, PHILIP CHUN & ASSOCIATES PTY LTD ACN 007 401 649 and DIRECT FACTORY OUTLETS PTY LTD

ACN 087 112 301 Q64 OF 2003 COOPER J BRISBANE 13 MAY 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q64 OF 2003

BETWEEN: WESTFIELD MANAGEMENT LTD

ACN 001 670 579

FIRST APPLICANT

CPT MANAGER LIMITED

ACN 054 494 307

SECOND APPLICANT

AND: BRISBANE AIRPORT CORPORATION LTD

ACN 076 870 650

FIRST RESPONDENT

MINISTER FOR TRANSPORT AND REGIONAL SERVICES

FOURTH RESPONDENT

PHILIP CHUN & ASSOCIATES PTY LTD

ACN 007 401 649

FIFTH RESPONDENT

DIRECT FACTORY OUTLETS PTY LTD

ACN 087 112 301

SIXTH RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 13 MAY 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for further discovery in respect of the covered parts of the documents discovered to date and the cost of construction of the building identified in the first respondent's further amended defence as 'DFO2' is dismissed. 2. The question of costs of the notice of motion is reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.