Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L (No 11) [2015] FCA 876

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L (No 11) [2015] FCA 876 Citation: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi S.R.L. (No 11) [2015] FCA 876

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PRYSMIAN CAVI E SISTEMI S.R.L. (FORMERLY PRYSMIAN CAVI E SISTEMI ENERGIA S.R.L.) and NEXANS SA RCS PARIS 393 525 852

File number: SAD 145 of 2009

Judge: BESANKO J

Date of judgment: 19 August 2015

Catchwords: PRACTICE AND PROCEDURE – application by the applicant for further and better discovery by the second respondent – whether there are reasonable grounds for being fairly certain that there are other relevant documents – whether there are reasonable grounds for being fairly certain those documents are or have been in the control of the second respondent – where the documents sought are documents of the subsidiary of the second respondent – where the second respondent had no authority to access the records of the subsidiary without the authority of that company – Federal Court Rules (2011) (Cth) r 20.21. Held: Application dismissed.

Legislation: Australian Competition and Consumer Act 2010 (Cth) Federal Court Rules 2011 (Cth) rr 20.14, 20.21 Trade Practices Act 1974 (Cth) s 45

Cases cited: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 4) (2012) 298 ALR 251; [2012] FCA 1323 Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 8) [2014] FCA 376 Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 10) [2015] FCA 763 Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 3) [2015] FCA 767 Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2013] FCA 192