Gibson v Swan Hardware & Staff Pty Ltd [2015] FCA 387

FEDERAL COURT OF AUSTRALIA

Gibson v Swan Hardware & Staff Pty Ltd [2015] FCA 387 Citation: Gibson v Swan Hardware & Staff Pty Ltd [2015] FCA 387

Parties: PETER GIBSON and PETER GIBSON DEVELOPMENTS PTY LTD v SWAN HARDWARE & STAFF PTY LTD (ACN 005 273 165)

File number: VID 385 of 2014

Judge: MURPHY J

Date of judgment: 23 April 2015

Legislation: Trade Practices Act 1974 (Cth)

Date of hearing: 23 April 2015

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 11

Counsel for the Applicants: The Applicants did not appear

Counsel for the Respondent: Mr P Wallis

Solicitor for the Respondent: Norris Coates

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 385 of 2014

BETWEEN: PETER GIBSON

First Applicant

PETER GIBSON DEVELOPMENTS PTY LTD

Second Applicant

AND: SWAN HARDWARE & STAFF PTY LTD (ACN 005 273 165)

Respondent

JUDGE: MURPHY J DATE OF ORDER: 23 APRIL 2015 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Pursuant to r 20.23(1) of the Federal Court Rules 2011 (Cth), Shinda International Pty Limited ACN 074 452 207 of Unit 7, 9-11 Mavis Street, Revesby NSW 2212 ("Shinda") by its proper officer make discovery of the documents and categories of documents listed in Annexure A to these orders as follows: (a) Shinda to file a list of documents, in accordance with r 20.17 by 14 May 2015; and (b) Shinda to make available for inspection at the offices of its lawyers, Chapman Thackeray Law, Level 6, 89 York Street, Sydney NSW 2000, those documents included in Shinda's list of documents that are within Shinda's control, by 21 May 2015. 2. The Respondent pay: (a) the reasonable costs incurred by Shinda in respect to searching for, identifying, reviewing and extracting the documents to be disclosed and produced by Shinda to the Respondent pursuant to the terms of these orders; and (b) the reasonable legal costs of Shinda in considering and responding to the application for non-party discovery, including preparation of any lists of documents in respect to the non-party discovery to be made pursuant to these orders and any reasonable costs in respect to any hearings or court appearances, on the application. 3. The costs of the application of this order as between the Applicants and the Respondent be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. Annexure A 1. Documents recording or referring to the negotiations between Shinda and Panyu Shiqiao Products Co Ltd ("Panyu") for Shinda to accept and process orders from Australian hardware suppliers for products manufactured by Panyu. 2. Documents recording or referring to the terms and conditions agreed between Shinda and Panyu for Shinda to accept and process orders from Australian hardware suppliers for products manufactured by Panyu. 3. All correspondence between Shinda and Panyu in relation to Shinda having accepted and processed orders from Australian hardware suppliers for products manufactured by Panyu between January 2006 and April 2008. 4. Documents recording or referring to the transfer of funds between Panyu and Shinda relating to Shinda having accepted and processed orders from Australian hardware suppliers for products manufactured by Panyu between January 2006 and April 2008.