Rio Tinto Ltd v Commissioner of Taxation [2005] FCA 1335

FEDERAL COURT OF AUSTRALIA

Rio Tinto Ltd v Commissioner of Taxation [2005] FCA 1335 DISCOVERY – List of documents – verification – company and wholly owned subsidiaries – whether officer of company able to verify list on behalf of subsidiaries – related proceedings – order that they be heard together and that orders in one be taken to be orders in the others as well – order in one that applicants file "a list of documents" – whether each applicant obliged to file a list – masking by discovering party of parts of documents on ground of irrelevance of masked material – propriety Rules of the Federal Court Order 15 rules 6, 9 and 15 ACCC v Advanced Medical Institute Pty Ltd [2005] FCA 366 cited Microsoft Corporation v CX Computer Pty Ltd (2002) 187 ALR 362 cited Brookfield v Yevad Products Pty Ltd [2002] FCA 1376 considered GE Capital Corporate Finance Group Ltd v Bankers Trust Co [1995] 1 WLR 172 not followed Optus Communications Pty Ltd v Telstra Corporation Ltd [1995] FCA 254 not followed Wimmera Industrial Minerals Pty Ltd v RGC Mineral Sands Ltd [1998] FCA 299 cited Gray v Associated Book Publishers (Aust) Pty Ltd [2002] FCA 1045 followed Telstra Corporation v Australis Media Holdings (10 February 1997, Supreme Court of New South Wales, unreported) considered ACCC v McMahon Services Pty Ltd [2004] FCA 353 cited Candacal Pty Ltd v Industry Research and Development Board [2005] FCA 649 cited Garnet International Resources Pty Ltd v Barton International Inc [2005] FCA 93 cited Westfield Management Ltd v Brisbane Airport Corporation Ltd [2004] FCA 611 cited Commonwealth v Northern Land Council (1991) 30 FCR 1 cited

RIO TINTO LIMITED, HAMERSLEY IRON PTY LIMITED and ARGYLE DIAMONDS LIMITED v THE COMMISSIONER OF TAXATION FOR THE COMMONWEALTH OF AUSTRALIA V548‑556 OF 2003 SUNDBERG J 22 SEPTEMBER 2005 MELBOURNE