Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Betfair Pty Limited v Racing New South Wales (No 2) [2009] FCA 195
BETFAIR PTY LIMITED v RACING NEW SOUTH WALES, HARNESS RACING NEW SOUTH WALES and ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES
NSD 1566 of 2008
PERRAM J
4 MARCH 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1566 of 2008
BETWEEN: BETFAIR PTY LIMITED
Applicant
AND: RACING NEW SOUTH WALES
First Respondent
HARNESS RACING NEW SOUTH WALES
Second Respondent
ATTORNEY GENERAL FOR NEW SOUTH WALES
Intervenor
JUDGE: PERRAM J
DATE OF ORDER: 25 February 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The respondents produce the documents sought pursuant to Order 15 rule 10 in the applicant's notice to produce dated 27 January 2009 by 27 February 2009. 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. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1566 of 2008
BETWEEN: BETFAIR PTY LIMITED
Applicant
AND: RACING NEW SOUTH WALES
First Respondent
HARNESS RACING NEW SOUTH WALES
Second Respondent
ATTORNEY GENERAL FOR NEW SOUTH WALES
Intervenor
JUDGE: PERRAM J
DATE: 4 MARCH 2009
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This proceeding was listed for directions on 25 February 2009. During the course of that hearing the applicant raised the issue of the respondents' non-compliance with a notice to produce served on the respondents on 27 January 2009. The notice to produce described two categories of documents which were said to have been referred to in the respondents' defence. The applicant sought an order that the respondents produce the documents, presumably pursuant to O 15 r 11(1) or O 35A r 3(2), and I made the order sought. These are my reasons for making that order. 2 Mr Robertson SC, who appeared with Ms Morgan for the applicant, indicated that the notice to produce was issued pursuant to O 15 r 10. That rule provides: (1) Where a pleading or affidavit filed by a party refers to a document, any other party may, by notice to produce served on him require him to produce the document for inspection.
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