JS McMillan Pty Ltd & Ors v Commonwealth of Australia & Anor [1997] FCA 593

JS McMillan Pty Ltd & Ors v Commonwealth of Australia & Anor [1997] FCA 593

The tender responses sought by the first notice to produce were not required to be produced immediately because the applicants could put relevance no higher than that the documents might show non-conformity with the tender, whereas the pleaded particular alleged incapacity of tenderers to perform the work. The notice was stood over because relevance might later be shown. The unexpurgated annexures and the exhibit to the affidavit were to be produced because they were relevant to the pleaded allegation concerning the short list of tenderers and an exhibit should have been served with the affidavit; confidentiality was adequately protected by limiting access to counsel and Mr Ryckmans and...

Jurisdiction
Australia
Judgment Date
27 June 1997
Procedural Posture
Federal Court Proceeding Concerning a Tender Process and Alleged Misleading or Deceptive Conduct / Interlocutory Hearing on Notices to Produce
Outcome
First notice to produce stood over to the hearing on 30 June 1997; second notice to produce allowed with restricted access arrangements.
Legal Topics
['notices to Produce' 'production of Documents' 'confidential Commercial Information' 'tender Process' 'misleading or Deceptive Conduct' 'restricted Access to Documents']
['civil Procedure' 'confidential Information' 'trade Practices'] ['notices to Produce' 'production of Documents' 'confidential Commercial Information' 'tender Process' 'misleading or Deceptive Conduct' 'restricted Access to Documents']

Case Brief

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Procedural Posture

Federal Court Proceeding Concerning a Tender Process and Alleged Misleading or Deceptive Conduct / Interlocutory Hearing on Notices to Produce

Legal Issues

  1. 1 ['Whether responses to the request for tender lodged by Moore Business Systems Australia Limited, Sands Print Group and Union Offset and Better Printing should be produced.' 'Whether unexpurgated copies of annexures D, E and F and the exhibit marked BJLA Confidential to the affidavit of Brian Lee Archer should be produced despite claims of confidentiality.' 'Whether access to commercially sensitive material should be limited to counsel for the applicants and the instructing solicitor.']

Ratio Decidendi

The tender responses sought by the first notice to produce were not required to be produced immediately because the applicants could put relevance no higher than that the documents might show non-conformity with the tender, whereas the pleaded particular alleged incapacity of tenderers to perform the work. The notice was stood over because relevance might later be shown. The unexpurgated annexures and the exhibit to the affidavit were to be produced because they were relevant to the pleaded allegation concerning the short list of tenderers and an exhibit should have been served with the affidavit; confidentiality was adequately protected by limiting access to counsel and Mr Ryckmans and...

Court Disposition

First notice to produce stood over to the hearing on 30 June 1997; second notice to produce allowed with restricted access arrangements.

Orders

  • ['The first notice to produce for responses to the request for tender was stood over to the hearing on Monday, 30 June 1997, with the applicants reserving the right to call again.' 'Access to the unexpurgated copies of annexures D, E and F and the document marked BJLA Confidential was limited to counsel for the...