Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2010] FCA 997 Citation: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2010] FCA 997
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CEMENT AUSTRALIA PTY LTD ACN 104 053 474, CEMENT AUSTRALIA HOLDINGS PTY LTD ACN 001 085 561, CEMENT AUSTRALIA (QUEENSLAND) PTY LTD FORMERLY QUEENSLAND CEMENT PTY LTD ACN 009 658 520, POZZOLANIC ENTERPRISES PTY LTD ACN 010 367 898, POZZOLANIC INDUSTRIES PTY LTD ACN 010 608 947, CHRISTOPHER GUY LEON and CHRISTOPHER STEPHEN WHITE
File number: QUD 295 of 2008
Judge: LOGAN J
Date of judgment: 30 August 2010
Catchwords: PRACTICE AND PROCEDURE – Notice to Produce – Application to set aside Notice to Produce – Where onerous for the Commission to comply – Whether Notice to Produce has legitimate forensic purpose – Where documents largely already subject to discovery obligations – Where request broad and effectively sought undertaking of inquiries by its recipient Held: Request in Notice to Produce oppressive and therefore set aside
Legislation: Trade Practices Act 1974 (Cth) s 155
Cases cited: Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2010] FCA 294 cited Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101 cited Trade Practices Commission v Arnotts Limited (1989) 88 ALR 90 followed United Salvage v Louis Dreyfus Armateurs SNC [2006] FCA 50 followed
Date of hearing: 30 August 2010
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