Fortron Automotive Treatments Pty Ltd v Jones (No 3) [2007] FCA 1259

FEDERAL COURT OF AUSTRALIA

Fortron Automotive Treatments Pty Ltd v Jones (No 3) [2007] FCA 1259

PRACTICE AND PROCEDURE – particular discovery – O 15 r 8 – criteria for application – rulings as to additional discovery Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Company (1882) 11 QBD 55 cited FORTRON AUTOMOTIVE TREATMENTS PTY LTD v KENNETH JOHN JONES, TREBLEX AUTOMOTIVE PRODUCTS PTY LTD, SHEILA MARY JONES, WILLIAM PATRICK TULLY, HELEN GEORGINA TULLY AND GAMMAR GROUPS (THAILAND) CO LTD WAD380 OF 2005

FRENCH J

17 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD380 OF 2005

BETWEEN: FORTRON AUTOMOTIVE TREATMENTS PTY LTD

Applicant

AND: KENNETH JOHN JONES

First Respondent

TREBLEX AUTOMOTIVE PRODUCTS PTY LTD

Second Respondent

SHEILA MARY JONES

Third Respondent

WILLIAM PATRICK TULLY

Fourth Respondent

HELEN GEORGINA TULLY

Fifth Respondent

GAMMAR GROUPS (THAILAND) CO LTD

Sixth Respondent

JUDGE: FRENCH J

DATE OF ORDER: 17 AUGUST 2007

WHERE MADE: SYDNEY

ON THE APPLICANT'S ADJOURNED MOTION FILED 28 JUNE 2007 THE COURT ORDERS THAT:

1. The first, second, fourth and fifth respondents do, by Friday 31 August 2007, each file and serve on the applicant an affidavit stating whether the following documents or classes of documents are or have been in his or its possession, custody or power and, if any of them have been but are not now in his or its possession, custody or power, when he or it parted with them and what has become of them. As to the first respondent: 1(a) All documentation "picked up" by Mr Jones from Gold Leaf Australia referred to in Donna Matthews' file note of 11 November 2003. 1(c) Copies of the labels that were proof-read at the meeting of 1 March 2004 that were delivered to Mr Jones' hotel room referred to in bundle of trip reports. As to the second respondent: 2(a) All documents evidencing the purchase and/or payment by the second respondent for product labels for the sale of automotive product exported by the second respondent to the sixth respondent and/or Gold Leaf Products Co Ltd for the period 12 February 2004 to 31 January 2005. 2(d) Bills of Lading relating to shipments by the second respondent to the sixth respondent and Gold Leaf Products Co Ltd, the subject of the following invoice numbers of the second respondent: EX1002, 1005, 1006, 1007, 1010, 1011, 1012, 1015, 1018, 2001, 2002, 2006a, 2007, 2008, 2010, 2011, 2012, 2015, 2015a, 2017. 2(f) Copies of the labels that were proof-read at the meeting of 1 March 2004 that were delivered to Mr Jones' hotel room referred to in the bundle of trip reports. 2(l) All supporting documents lodged with Austrade in relation to the sales commission of $6,571.94 claimed by the second respondent from "Gammar Groups – Parnu Changlor" on the second respondent's tax invoice number 2003 dated 7 April 2004 evidencing: (i) the second respondent's contractual entitlement to such commission; (ii) the nature and quantity of products sold to earn the commission; and (iii) the date of the sales. As to the fourth respondent: 3(a) All documentation evidencing communications between the fourth respondent and the Honourable M Washer MP in relation to the fourth respondent's allegations of under funding by Fortron Insurance Group Ltd. 3(b) All documentation evidencing communications between the fourth respondent and the Commonwealth Department of Finance in relation to the fourth respondent's allegations of under funding by Fortron Insurance Group Ltd. 3(e) Copies of all documentation evidencing benefits received by the fourth respondent from either the second respondent or from any third party on behalf of the second respondent during the period October 2003 to 30 June 2005 whether in the nature of dividends, salary or wages including: (i) all financial institution cheque accounts; (ii) all financial institution savings accounts; and (iii) all financial institution credit card accounts. As to the fifth respondent: 4(a) all bank statements of Challenge (now Westpac) Bank account 736 226 555190 in the name of Helen Georgina Tully for the period 1 October 2004 to 30 June 2005. 2. The costs of the applicant's motion so far as it relates to particular discovery will be in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA