Australian Competition & Consumer Commission v Eurong Beach Resort Ltd [2004] FCA 68

Australian Competition & Consumer Commission v Eurong Beach Resort Ltd [2004] FCA 68

The Court has power to allow interrogatories with respect to lost documents and the information previously contained within them, as part of its jurisdiction over discovery, and the applicant is entitled to draft and deliver such interrogatories to respondents to mitigate the prejudice arising from lost evidence.

Jurisdiction
Australia
Judgment Date
06 February 2004
Procedural Posture
Interlocutory Application / Post Discovery Interlocutory Orders
Outcome
Interlocutory orders made granting leave to applicant to deliver interrogatories regarding lost documents and sources of information, reserving costs.
Legal Topics
['discovery' 'interrogatories' 'lost Documents' 'trade Practices Act']
['competition Law' 'civil Procedure'] ['discovery' 'interrogatories' 'lost Documents' 'trade Practices Act']

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Procedural Posture

Interlocutory Application / Post Discovery Interlocutory Orders

Legal Issues

  1. 1 ['Whether the Court has power to order respondents to answer questions regarding information contained in lost documents.' 'Whether the applicant may obtain orders to ameliorate prejudice from missing documents relevant to pricing and arrangements.' 'Whether interrogatories can properly be delivered regarding lost documents and identification of informant sources.']

Ratio Decidendi

The Court has power to allow interrogatories with respect to lost documents and the information previously contained within them, as part of its jurisdiction over discovery, and the applicant is entitled to draft and deliver such interrogatories to respondents to mitigate the prejudice arising from lost evidence.

Court Disposition

Interlocutory orders made granting leave to applicant to deliver interrogatories regarding lost documents and sources of information, reserving costs.

Orders

  • ['Within seven days the applicant is to provide draft interrogatories as to information in lost documents to the court and the first, second and third respondents.' 'First, second and third respondents may bring an application regarding the terms of interrogatories within fourteen days from receipt.' 'Applicant to...