City of Swan v McGraw-Hill Companies, Inc [2014] FCA 1271

FEDERAL COURT OF AUSTRALIA

City of Swan v McGraw-Hill Companies, Inc [2014] FCA 1271 Citation: City of Swan v McGraw-Hill Companies, Inc [2014] FCA 1271

Parties: CITY OF SWAN, MOREE PLAINS SHIRE COUNCIL (ABN 45 566 790 582) and BARON-HAY INVESTMENTS PTY LTD (ACN 008 703 151) v MCGRAW-HILL COMPANIES, INC (A COMPANY INCORPORATED IN NEW YORK) and STANDARD & POOR'S INTERNATIONAL, LLC

File number: NSD 656 of 2013

Judge: RARES J

Date of judgment: 6 November 2014

Catchwords: PRACTICE AND PROCEDURE – DISCOVERY – whether documents obtained by party on discovery or pursuant to subpoena or notice to produce in other proceedings and subject to implied undertaking of confidentiality discoverable in current proceedings – whether documents obtained in other proceedings pursuant to compulsory process under "control" of party for purposes of giving discovery under r 20.14(1)(c) of the Federal Court Rules 2011 (Cth) – whether co-applicant in representative proceedings brought under Pt IVA of the Federal Court of Australia Act 1976 (Cth) obliged to give discovery of documents relating to issues in contention only between other co-applicants and respondents – requirement that discovery be for the just resolution of proceedings as quickly, inexpensively and efficiently as possible

Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Income Tax Assessment Act 1936 (Cth)

Cases cited: Alcoa of Australia Ltd v Apache Energy Ltd [No 6] [2014] WASC 287 applied Buxton & Lysaught Pty Ltd v Buxton [1977] 1 NSWLR 285 applied City of Swan v McGraw-Hill Companies Inc (2014) 99 ACSR 280 referred to Esso Australia Resources Limited v Plowman (1995) 183 CLR 10 applied Federal Commissioner of Taxation v Australia and New Zealand Banking Group Limited (1977) 143 CLR 499 applied Hearne v Street (2008) 235 CLR 125 applied Johnston Fear & Kingham & The Offset Printing Company Pty Ltd v Commonwealth (1943) 67 CLR 314 applied Kennedy v Dodson [1895] 1 Ch 334 applied Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 distinquished Rochfort v Trade Practices Commission (1982) 153 CLR 134 applied Turner v Davies [1981] 2 NSWLR 324 referred to Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) (2012) 301 ALR 1 referred to