Humphries v SAS Signage Accessories Supplier Pty Ltd (No 2) [2009] FCA 1238

FEDERAL COURT OF AUSTRALIA

Humphries v SAS Signage Accessories Supplier Pty Ltd (No 2) [2009] FCA 1238

PRACTICE AND PROCEDURE – discovery of documents – discovery from non-parties to the proceedings – discovery against third parties is exceptional and the power to order third-party discovery must be exercised with restraint – inadequate evidence – no proper basis for ordering discovery – Notice of Motion dismissed. Evidence Act 1995 (Cth) s 75 Federal Court Rules O 15 r 3, O 15A r 8 ROBYN HUMPHRIES and CLEAR FOCUS INTERNATIONAL PTY LTD (ACN 063 866 562) v SAS SIGNAGE ACCESSORIES SUPPLIER PTY LTD (ACN 111 587 501)

QUD 67 of 2008

SPENDER J

26 OCTOBER 2009

BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 67 of 2008

GENERAL DIVISION

BETWEEN: ROBYN HUMPHRIES

First Applicant

CLEAR FOCUS INTERNATIONAL PTY LTD (ACN 063 866 562)

Second Applicant

AND: SAS SIGNAGE ACCESSORIES SUPPLIER PTY LTD (ACN 111 587 501)

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 26 OCTOBER 2009

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The Notice of Motion filed by the applicants on 2 September 2009 be dismissed. 2. The application for leave to file an Amended Notice of Motion be dismissed. 3. There be no order as to costs of the Notice of Motion hearing on 6 October 2009; other than those costs, the applicant on the Motion is to pay the costs of the Motion filed 2 September 2009, and the costs of the proposed Amended Notice of Motion. 4. Costs of the directions be costs in the proceedings. 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

QUEENSLAND DISTRICT REGISTRY QUD 67 of 2008