Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Drilling & Grouting Services Pty Ltd v Carpentaria Gold Pty Ltd [2010] FCA 1456 Citation: Drilling & Grouting Services Pty Ltd v Carpentaria Gold Pty Ltd [2010] FCA 1456
Parties: DRILLING & GROUTING SERVICES PTY LTD (ACN 009 457 087) v CARPENTARIA GOLD PTY LTD (ACN 010 706 966)
File number: WAD 251 of 2007
Judge: BARKER J
Date of judgment: 22 December 2010
Catchwords: PRACTICE AND PROCEDURE - discovery - particular discovery - general principles
Legislation: Federal Court Rules 1979 (Cth) O 15 r 3
Cases cited: McIlwain v Ramsey Food Packaging Pty Ltd [2005] FCA 1233
Date of hearing: Determined on the papers
Date of last submissions: 9 November 2009
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 140
Solicitor for the Applicant: Mr L Panotidis of Tottle Partners
Solicitor for the Respondent: Mr K Green of Green Legal
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 251 of 2007
BETWEEN: DRILLING & GROUTING SERVICES PTY LTD (ACN 009 457 087)
Applicant
CARPENTARIA GOLD PTY LTD (ACN 010 706 966)
Cross-Claimant
AND: CARPENTARIA GOLD PTY LTD (ACN 010 706 966)
Respondent
DRILLING AND GROUTING SERVICES PTY LTD (ACN 009 457 087)
Cross-Respondent
JUDGE: BARKER J DATE OF ORDER: 22 DECEMBER 2010 WHERE MADE: PERTH
In relation to the respondent's notice of motion, filed 29 September 2009, the Court orders that: 1. Within 14 days following the date of this order, the applicant by its director, Warren Mark Symons, file with the Court and serve on the respondent an affidavit stating whether any document of the following class is or has been in the applicant's possession, custody or power and, if it has been but is not then in the applicant's possession, custody or power, when the applicant parted with it and what has become of it. (a) Any weekly, monthly or any other periodical report, relating to the financial performance of the applicant's undertakings in respect of the respondent for any period within 1 July 2005 to 31 January 2008. (b) Any weekly, monthly or any other periodical report of the applicant's undertakings which partly includes, and incorporates or summarises financial information relating to the financial performance of the applicant's undertakings in respect of the respondent for any period within 1 July 2005 to 31 January 2008. (c) Any annual or quarterly financial statements of the applicant for the years ending 30 June 2006, 30 June 2007 and 30 June 2008 relating to the financial performance of the applicant's undertaking in respect of the respondent. (d) Any tax return of the applicant for the years ending 30 June 2006, 30 June 2007 and 30 June 2008 relating to the financial performance of the applicant's undertaking in respect of the respondent. 2. The applicant pay the respondent's costs of incidental to the notice of motion to be taxed if not agreed.
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