The Owners - Strata Plan No 91086 v Fairview Architectural Pty Ltd (No 2) [2021] FCA 779

Federal Court of Australia

The Owners – Strata Plan No 91086 v Fairview Architectural Pty Ltd (No 2) [2021] FCA 779 File number: NSD 940 of 2019

Judgment of: WIGNEY J

Date of judgment: 24 June 2021

Catchwords: PRACTICE AND PROCEDURE – representative proceeding – interlocutory application – where respondent is in default of Court order to provide standard discovery of list of documents pursuant to rr 20.14 and 2016 of the Federal Court Rules2011 (Cth) – ongoing non-compliance with discovery order – where no reasonable proposal provided to progress matter in accordance with discovery order – where ongoing non-compliance not justified – application for an order pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) and r 14.01 of the Federal Court Rules 2011 (Cth) to enter non-complying respondent's premises for the purpose of inspecting potentially discoverable documents – where Court has power to make orders sought where necessary to ensure effective exercise of determination of a matter – whether orders are necessary to prevent frustration of Court processes – whether orders are reasonably required or legally ancillary to ensure Court order is effective – relevant principles for making an order on the application of a party to enter a premises for the purpose of gaining access to and inspecting property – where circumstances justify and warrant the making of orders sought – where no reasonable or acceptable justification for non-compliance with discovery orders – where orders sought are appropriate to progress matter – where orders sought are appropriate and in Court's power – orders made

Legislation: Federal Court Rules 2011 (Cth), rr 14.01, 20.14, 20.16 Federal Court of Australia Act 1976 (Cth), s 23