In the application of John Dee (Export) Pty. Limited & Ors [1988] ATPT 4

In the application of John Dee (Export) Pty. Limited & Ors [1988] ATPT 4

Service by facsimile transmission constituted valid personal service under reg. 25(3)(a), but not (b); however, non-compliance with reg. 25(3)(b) does not invalidate service given Tribunal's powers under reg. 26(1A). Summonses that are too broad or oppressive can and should be narrowed by excusing production except in specified paragraphs, and reasonable time for compliance may be allowed.

Parties
Applicants: John Dee (Export) Pty. Limited & Ors.; Respondents: Elders IXL Limited, Dalgety Farmers Limited and Primac Association Limited; Summonsed Party: National Australia Bank Limited; Summonsed Party: New South Wales Stock & Station Agents Association; Summonsed Party: Victorian Stock Agents Association; Summonsed Party: Savage Barker & Backhouse Pty. Limited; Summonsed Party: Dick Graham Livestock Trader; Summonsed Party: Geoff Webster Livestock and Property Agency; Summonsed Party: Argue & Company; Summonsed Party: Thomas Edward Knox
Jurisdiction
Australia
Judgment Date
01 September 1988
Procedural Posture
Application / Interlocutory Ruling on Summonses for Production of Documents
Outcome
Summonses variously stood over, narrowed, or adjourned; costs reserved.
Legal Topics
Service of Summonses, Oppression by Summons, Production of Documents, Interpretation of Regulations
Competition Law Service of Summonses Oppression by Summons Production of Documents Interpretation of Regulations

Case Brief

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Parties

John Dee (Export) Pty. Limited & Ors.

Applicants

Elders IXL Limited, Dalgety Farmers Limited and Primac Association Limited

Respondents

National Australia Bank Limited

Summonsed Party

New South Wales Stock & Station Agents Association

Summonsed Party

Victorian Stock Agents Association

Summonsed Party

Savage Barker & Backhouse Pty. Limited

Summonsed Party

Dick Graham Livestock Trader

Summonsed Party

Geoff Webster Livestock and Property Agency

Summonsed Party

Argue & Company

Summonsed Party

Thomas Edward Knox

Summonsed Party

Procedural Posture

Application / Interlocutory Ruling on Summonses for Production of Documents

Legal Issues

  1. 1 Whether service of summonses by facsimile transmission complies with reg. 25 of the Trade Practices Regulations
  2. 2 Whether summonses directed to various parties are oppressive or too broad in scope
  3. 3 Whether certain documents should be produced or production excused on grounds of confidentiality or oppression

Ratio Decidendi

Service by facsimile transmission constituted valid personal service under reg. 25(3)(a), but not (b); however, non-compliance with reg. 25(3)(b) does not invalidate service given Tribunal's powers under reg. 26(1A). Summonses that are too broad or oppressive can and should be narrowed by excusing production except in specified paragraphs, and reasonable time for compliance may be allowed.

Court Disposition

Summonses variously stood over, narrowed, or adjourned; costs reserved.

Orders

  • All summonses directed to the National Australia Bank Limited stood over to a date to be determined next week; costs reserved.
  • Production of documents specified in para. 2(ii) of the summons to the Deputy Executive Director of the Stock and Station Agents Association of New South Wales not required.