Commonwealth v Baume [1905] HCA 11

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OF AUSTRALIA.

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[HIGH COURT OF AUSTRALIA.)

"HE COMMONWEALTH APPELLANT ; DEFENDANT, AND BAUME § E F : ' . RESPONDENT PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Prutice—Discovery of documents—Action by subject against Commonwealth—Juris- H.C. oF A.

diction of Supreme Court (o order discovery against Commonwealth—Common 1905. —

imi Procedure Act (N.S.W.), (No. 21 of 1899), sec. 102*. 1008 (No. 6 of 1903), sec. 64.

Judiciary Act,

Seo, Ot of the Judiciary Act 1903, provides that in suits to which the

Commonwealth is a party the rights of parties shall as nearly as possible crimn oJ. he the same as in a suit between subject and aubject. Gooner ad

See, 102 of the Common Law Procedure Act (N.S.W.), (No. 21 of 1899) Worides that on the application of either party to an action the Court or a 'uige may order that " the party against whom the application is made, or if such party is a body corporate, sume officer to be named of such body 'orporate," shall answer on affidavit as to documents in his possession relating to the matters in dispute.

{*)See.1020f the Common Law Pro- tire Act (N.S.W.), (No, 21 of 1899), faas follow

102 (1) Upon the application of either Baty toany action or other proceeding, Won an afidavit by such party or his Aitomey of his belief that any docu- Beat to the production of which he is tail for the purpose of discovery or thew in the possession of 'the piss Baty, the Court or a Judge lt) the party against whom such

gy {plication is made; or ) ifsuch party is a body corporate,

some officer to be named of such body corporate,

shall answer on affidavit stating what documents he or they has or have in his or their possession or power relating to the matters in dispute, or what he knows as to the custody' such docu- ments or any of them are in, and whether he or they objects or object to the production of such as are in his or their possession or power, and if 80 upon what grounds.