Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2018] FCA 1981

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Jayco Corporation Pty Ltd [2018] FCA 1981 File number: VID 1308 of 2017

Judge: MURPHY J

Date of judgment: 7 December 2018

Catchwords: PRACTICE AND PROCEDURE – discovery – claims of misleading conduct and unconscionable conduct - whether documents sought relevant to pleaded case – whether discovery sought oppressive – discovery allowed

Legislation: Competition and Consumer Act 2010 (Cth)

Cases cited: TS & B Retail Systems v 3Fold Resources Pty Ltd (No 3) (2007) 158 FCR 444; [2007] FCA 151

Date of hearing: Heard on the papers

Date of last submissions: 14 November 2018

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Category: Catchwords

Number of paragraphs: 27

Counsel for the Applicant: Mr M Osborne QC and Ms C van Proctor

Solicitor for the Applicant: Corrs Chambers Westgarth

Solicitor for the Respondent: Ms L Goad of M&K Lawyers

ORDERS VID 1308 of 2017

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Applicant

AND: JAYCO CORPORATION PTY LTD Respondent

JUDGE: MURPHY J DATE OF ORDER: 7 DECEMBER 2018

THE COURT ORDERS THAT:

1. The Respondent provide discovery of the documents described in categories (a) to (d) in the draft orders which are Annexure "ATD3" to the affidavit of Ashleigh Tayla Davis dated 12 November 2018, doing so by 4 pm on 14 January 2019. 2. The parties have liberty to apply, within seven days, in relation to the date by which the documents must be produced. 3. The Respondent pay the Applicant's costs of the application. 4. The parties have liberty to file short submissions (no more than 1.5 pages) on costs if they seek a different costs order, doing so within seven days. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.