Australian Broadcasting Corporation v Seven Network Limited [2005] FCA 1851

FEDERAL COURT OF AUSTRALIA

Australian Broadcasting Corporation v Seven Network Limited [2005] FCA 1851 PRACTICE AND PROCEDURE – preliminary discovery – O 15A r 3 of the Federal Court Rules – applicants seeking orders to identify a respondent – reasonable inquiries – likelihood of respondents having knowledge of the facts or possession of relevant documents – strength of applicants' case – interests of justice

Trade Practices Act 1974 (Cth), ss 6, 52, 65A Federal Court Rules, O 15A rr 3, 6

CGU Insurance Ltd v Malaysia International Shipping Corporation Berhad (2001) 187 ALR 279 discussed Hooper v Kirella Pty Ltd (1999) 96 FCR 1 applied John Fairfax & Sons Limited v Cojuangco (1988) 165 CLR 346 cited Levis v McDonald (1997) 75 FCR 36 cited Stewart v Miller [1979] 2 NSWLR 128 cited

australian broadcasting corporation and zapruder's other films pty limited v seven network limited and channel seven sydney pty limited NSD 1556 OF 2005 STONE J 16 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1556 OF 2005

BETWEEN: australian broadcasting corporation

FIRST APPLICANT

zapruder's other films pty limited

SECOND APPLICANT

AND: seven network limited

FIRST RESPONDENT

channel seven sydney pty limited

SECOND RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 16 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The second respondent make discovery to the applicants of all documents which are or have been in their possession relating to the name, place of residence, place of business and occupation of:

(a) the producer or producers; the reporter or reporters; and the editor or editors responsible for the 'Australian Idol' segment of the Today Tonight program broadcast by the second respondent on 10th August 2005 on Channel 7; and