Merim Proprietary Limited v The Oaktower Partnership Proprietary Limited [2007] FCA 1383

FEDERAL COURT OF AUSTRALIA

Merim Proprietary Limited v The Oaktower Partnership Proprietary Limited [2007] FCA 1383

PRACTICE AND PROCEDURE – Subpoena duces tecum

Federal Court Rules O 27 r 4 Trade Practices Act 1974 (Cth) Corporations Act 2001 (Cth) MERIM PTY LTD & ANOR v THE OAKTOWER PARTNERSHIP PTY LTD & ANOR VID 641 OF 2007

HEEREY J

29 AUGUST 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 641 OF 2007

BETWEEN: MERIM PTY LTD & ANOR

Applicants

AND: THE OAKTOWER PARTNERSHIP PTY LTD & ANOR

Respondents

JUDGE: HEEREY J DATE OF ORDER: 29 AUGUST 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to O 27 r 4: (a) the words "to date" in each of paragraphs 1, 2, 4, 5, 8, 10 and 11 of the schedule to the subpoena ("the subpoena") issued by the Applicants and dated 23 July 2007 and addressed to Golden Circle Ltd ("Golden Circle") are set aside and replaced with the words "to the date of the subpoena"; (b) the words "1 September 2006" in each of paragraphs 1 and 2 of the schedule to the subpoena are set aside and replaced with the words "1 November 2006"; (c) paragraph 9 of the schedule to the subpoena is set aside; (d) the words "concerning any meeting or dealings with grower/shareholders of the Company or" in paragraph 11 of the schedule to the subpoena are set aside. 2. Golden Circle produce documents pursuant to paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11 of the schedule to the subpoena by producing to the Registry by 12 noon on 3 September 2007: (a) copies redacted as Golden Circle contends they should be redacted; (b) in unredacted form. 3. Until further order of the Court inspection of the documents produced pursuant to paragraph 2 above is restricted to solicitors and/or counsel representing the Applicants and upon the execution, filing and service on Minter Ellison, solicitors for Golden Circle, of the confidentiality undertakings in the form of Annexure "A" to this Order. 4. Until further order of the Court inspection of the documents produced pursuant to paragraph 2 above is restricted to solicitors and/or counsel representing the Respondents and upon the execution, filing and service on Minter Ellison, solicitors for Golden Circle, of the confidentiality undertakings in the form of Annexure "A" to this Order. 5. The Applicants have liberty to apply, upon provision of not less than 48 hours written notice to Minter Ellison, solicitors for Golden Circle, for orders or directions that: (a) inspection of the documents produced pursuant to paragraph 2 above be permitted by persons other than solicitors and/or counsel representing the Applicants without the execution of a confidentiality undertaking; (b) any part or the whole of any redaction of any document by Golden Circle produced pursuant to paragraph 2 above be unmasked. 6. Golden Circle's Motion by Notice dated 14 August 2007 is otherwise dismissed. 7. The costs of Golden Circle's Motion dy Notice dated 14 August 2007 are reserved.