Metcash Trading Limited v Bunn [2008] FCA 1010

FEDERAL COURT OF AUSTRALIA

Metcash Trading Limited v Bunn [2008] FCA 1010

METCASH TRADING LIMITED (ACN 000 031 569), IGA DISTRIBUTION PTY LTD (ACN 004 391 422) and AUSTRALIAN LIQUOR MARKETERS PTY LTD (ACN 002 885 645) v PETER CHADLEY BUNN

SAD 29 of 2006

LANDER J

3 July 2008

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 29 of 2006

BETWEEN: METCASH TRADING LIMITED (ACN 000 031 569)

First Applicant

IGA DISTRIBUTION PTY LTD (ACN 004 391 422)

Second Applicant

AUSTRALIAN LIQUOR MARKETERS PTY LTD

(ACN 002 885 645)

Third Applicant

AND: PETER CHADLEY BUNN

Respondent

JUDGE: LANDER J DATE OF ORDER: 3 JULY 2008

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The respondent file an affidavit within 21 days identifying precisely the documents in the further list of documents filed after 4 May 2007 which identify: 1.1 the documents, if any, which respond to orders 1 and 2 of the orders made on 4 May 2007 by reference to the categories in the order and the notice of motion dated 2 February 2007; and 1.2 the documents which were, but no longer are, in the respondent's possession, custody or power that correspond to the categories referred to in the order made on 4 May 2007 and by reference to the notice of motion dated 2 February 2007; and 1.3 the documents which have been discovered in response to order 3 of the orders made on 4 May 2007. 2. The respondent make further and better discovery of the electronic record of the documents referred to in the orders of 4 May 2007 and all such further electronic records as the respondent has or has had in his possession, custody or power relevant to the issues in dispute in this action within 21 days. 3. The question of costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.