Re John Dee (Export) Pty. Limited & Ors [1990] ATPT 2

Re John Dee (Export) Pty. Limited & Ors [1990] ATPT 2

The Commission's application was proper and should be acceded to because the orders sought contained sufficient protection for interested parties; the additional limitation sought by the Victorian Stock Agents Association would not be a proper limitation to impose on the Commission.

Jurisdiction
Australia
Judgment Date
06 December 1990
Procedural Posture
Application for a Review of a Determination Made by the Trade Practices Commission Dated 1 October 1987 / Application by the Trade Practices Commission for Orders Varying Confidentiality Orders Made on 1 September 1988
Outcome
Commission's application granted; inspection orders made for the associations with confidentiality restrictions; order 1 sought in the Victorian Stock Agents Association's notice of motion declined.
Legal Topics
['trade Practices Act Authorisations' 'revocation of Authorisation Under S. 91(4)' 'confidentiality Orders' 'use and Inspection of Exhibits']
['trade Practices' 'administrative Law' 'civil Procedure'] ['trade Practices Act Authorisations' 'revocation of Authorisation Under S. 91(4)' 'confidentiality Orders' 'use and Inspection of Exhibits']

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Procedural Posture

Application for a Review of a Determination Made by the Trade Practices Commission Dated 1 October 1987 / Application by the Trade Practices Commission for Orders Varying Confidentiality Orders Made on 1 September 1988

Legal Issues

  1. 1 ['Whether the Trade Practices Commission and its officers should be granted leave to use and refer to exhibits 18, 22, 23, 24 and 25 for the purpose of considering and deciding whether to make a determination under s. 91(4) of the Trade Practices Act 1974 revoking authorisations.' 'Whether access to or use of the documents should be limited in the manner sought by interested bodies.' 'Whether the Victorian Stock Agents Association and the Stock and Station Agents Association of New South Wales should be granted inspection of specified exhibits subject to confidentiality restrictions.']

Ratio Decidendi

The Commission's application was proper and should be acceded to because the orders sought contained sufficient protection for interested parties; the additional limitation sought by the Victorian Stock Agents Association would not be a proper limitation to impose on the Commission.

Court Disposition

Commission's application granted; inspection orders made for the associations with confidentiality restrictions; order 1 sought in the Victorian Stock Agents Association's notice of motion declined.

Orders

  • ['The Commission and its officers were granted leave to use and refer to documents produced to the Tribunal by the Victorian Stock Agents Association comprising exhibit 22, and information contained in or derived from them, for the purposes of considering and deciding whether the Commission should make a...