Authorised Officer Christine Tumney (NSW Food Authority) v Nutricia Australia Pty Limited [2007] NSWSC 1215

New South Wales Supreme Court

CITATION : Authorised Officer Christine Tumney (NSW Food Authority) v Nutricia Australia Pty Limited [2007] NSWSC 1215

HEARING DATE(S) : 9 October 2007

JUDGMENT DATE : 2 November 2007

JUDGMENT OF : James J

DECISION : 1. Defendant's application of 11 September 2007; Set aside paras 3 and 5(c) of the plaintiff's notice to produce to the defendant of 23 August 2007.; Dismiss the application to set aside the notices given pursuant to s 37 of the Food Act on 4 and 6 September 2007.; 2. Defendant's application of 14 September 2007; Set aside the last two notices purportedly given pursuant to s 37 of the Food Act on 13 September 2007 (the Woolworths notices).; Dismiss the defendant's application to set aside the first notice given pursuant to s 37 of the Food Act on 13 September 2007.; 3. The plaintiff's application; Dismiss the application to set aside parts of the defendant's notice to produce.; Stand over the rest of the application.

CATCHWORDS : Food Act 2003 - authorised officers - functions of authorised officers - contempt of court - use of statutory power to obtain advantage in pending proceedings not obtainable under rules of court

Australian Securities and Investments Commission Act Clean Waters Act LEGISLATION CITED : Criminal Procedure Act Evidence Act Food Act 2003 Trade Practices Act

Australian Securities and Investments Commission v Elm Financial Services Pty Ltd (2004) 186 FLR 295 CASES CITED : Environment Protection Authority v Caltex Refining Co Pty Ltd (1992-1993) 178 CLR 477 Pioneer Concrete (Vic) Pty Ltd v Trade Practices Commission (1982-1983) 152 CLR 460 The Queen v De Simoni (1980-1981) 147 CLR 383