Travel Compensation Fund v Griffiths and Co Pty Ltd [2008] FCA 1912

FEDERAL COURT OF AUSTRALIA

Travel Compensation Fund v Griffiths and Co Pty Ltd [2008] FCA 1912

PRACTICE AND PROCEDURE – Discovery – preliminary discovery – whether there is reasonable cause to believe that applicant has or may have the right to obtain relief from respondents – purpose of preliminary discovery process – whether applicant can use discovered documents to institute a proceeding against a third party – O 15A r 6 of the Federal Court Rules (Cth) Fair Trading Act 1987 (NSW) s 42 Federal Court of Australia Act 1976 (Cth) s 59 Federal Court Rules (Cth) O 15A r 6 Trade Practices Act 1974 (Cth) s 52 Travel Agents Act 1986 (Vic) ss 6(1)(a), 11(2), 46 Alterskye v Scott [1948] 1 All ER 469 referred to Dartberg Pty Ltd v Wealthcare Financial Planning Pty Ltd and Another (2007) 164 FCR 450 distinguished Glencore International AG v Selwyn Mines (recs and mgrs apptd) and Others (2005) 223 ALR 238 referred to Home Office v Harman [1981] 2 WLR 310 referred to Science Research Council v Nassé [1978] ICR 777 referred to TRAVEL COMPENSATION FUND v GRIFFITHS AND CO PTY LTD and RONALD IVOR GRIFFITHS NSD 1202 OF 2008

COWDROY J

17 December 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1202 OF 2008

BETWEEN: TRAVEL COMPENSATION FUND

Applicant

AND: GRIFFITHS AND CO PTY LTD

First Respondent

RONALD IVOR GRIFFITHS

Second Respondent

JUDGE: COWDROY J DATE OF ORDER: 17 December 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to O 15A r 6 of the Federal Court Rules (Cth) the Respondents make discovery to the Applicant of any document of the kind set out in paragraphs 1 and 2 of Schedule 1 to the Applicant's Application filed on 31 July 2008. 2. Each party pay its or their costs of this Application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.