John Holland Services Pty Ltd v Terranora Group Management Pty Ltd [2004] FCA 679

FEDERAL COURT OF AUSTRALIA

John Holland Services Pty Ltd v Terranora Group Management Pty Ltd [2004] FCA 679 JOHN HOLLAND SERVICES PTY LIMITED v TERRANORA GROUP MANAGEMENT PTY LIMITED & ANOR NSD 74 OF 2004 EMMETT J 10 MARCH 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 74 OF 2004

BETWEEN: JOHN HOLLAND SERVICES PTY LIMITED

APPLICANT

AND: TERRANORA GROUP MANAGEMENT PTY LIMITED

FIRST RESPONDENT

GODFREY MANTLE

SECOND RESPONDENT

JUDGE: EMMETT J

DATE OF ORDER: 10 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The applicant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 74 OF 2004

BETWEEN: JOHN HOLLAND SERVICES PTY LIMITED

APPLICANT

AND: TERRANORA GROUP MANAGEMENT PTY LIMITED

FIRST RESPONDENT

GODFREY MANTLE

SECOND RESPONDENT

JUDGE: EMMETT J

DATE: 10 MARCH 2004

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 The applicant, John Holland Services Pty Limited ('John Holland'), is a subsidiary of John Holland Group Pty Limited and ultimately of Leighton Holdings Limited. John Holland specialises in providing property, facilities management and building services. 2 The first respondent, Terranora Group management Pty Limited ('Terranora'), is part of the Mantle group of companies, which are owned or beneficially controlled by the second respondent, Mr Godfrey Mantle. Terranora is the owner of 184 hectares of land situated between the towns of Cobaki and Bilambil, New South Wales ('the Land'). The Land is an important potential development site. It is located approximately 10 km from Coolangatta Airport, 30 km from Surfers Paradise and 100 km from Brisbane. In 2002 the Land consisted of a golf course and country club known as 'Terranora Lakes Country Club' and an adjourning site, used for grazing purposes, known as 'Norvil'. 3 In late 2002 and the beginning of 2003, arrangements were entered into between John Holland and Terranora concerning the possible development of the Land. Specifically, on 18 December 2002, John Holland and Terranora entered into an instrument described as a 'Deed of Confidentiality' ('the Confidentiality Deed'). On 4 April 2003, John Holland and Terranora entered into an instrument described as 'Heads of Agreement' ('the Heads of Agreement'). However, ultimately the arrangements came to naught and the relationship between John Holland and Terranora was severed in October 2003. 4 John Holland has now commenced a proceeding in the Court under Order 15A rule 6, seeking orders that Terranora and Mr Mantle make discovery of certain documents that may be in their possession, custody or power. John Holland asserts that there is reasonable cause to believe that it has, or may have, the right to obtain relief in the Court from Terranora and Mr Mantle by reason of contraventions of ss 52, 51AA and 51AC of the Trade Practices Act 1974 (Cth) ('the Act'). It says that it needs to inspect such documents related to the parties dealings in order to decide whether it has any such right to relief.