Australian Competition and Consumer Commission v P.T. Garuda Indonesia Ltd (No 2) [2012] FCA 1429

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v P.T. Garuda Indonesia Ltd (No 2) [2012] FCA 1429 Citation: Australian Competition and Consumer Commission v P.T. Garuda Indonesia Ltd (No 2) [2012] FCA 1429

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P.T. GARUDA INDONESIA LTD (ARBN 000 861 165)

File number: NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 14 December 2012

Catchwords: PRACTICE AND PROCEDURE – Discovery – application for discovery – where trial has already commenced – whether there has been delay in bringing application – whether discovery should be allowed during trial – whether objections to individual categories should be allowed

Legislation: Competition and Consumer Act 2010 (Cth) s 155 Federal Court Rules 2011 r 20.11

Date of hearing: 11 December 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 42

Counsel for the Applicant: J Halley SC, E Collins SC, J Clarke, C Arnott, J Clark, N Shaw, V Bosnjak, T Dinh

Solicitor for the Applicant: Australian Government Solicitor

Counsel for the Respondent: M Leeming SC, T Brennan

Solicitor for the Respondent: Norton White

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 955 of 2009

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND: P.T. GARUDA INDONESIA LTD (ARBN 000 861 165)

Respondent

JUDGE: PERRAM J DATE OF ORDER: 14 DECEMBER 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicant be granted leave to file in Court an interlocutory application seeking discovery from the respondent. 2. The parties bring in short minutes to give effect to these reasons by 21 December 2012. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.