ACCC v INFO4PC.COM Pty Ltd [2001] FCA 258

ACCC v INFO4PC.COM Pty Ltd [2001] FCA 258

Leave should be granted for use of the affidavit by the Ministry in the Supreme Court proceedings because special circumstances exist; the affidavit is relevant to another proceeding and release is justified, provided the Ministry gives an undertaking to use the document and its information only for evidence in the Supreme Court proceeding.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: Info4PC.com Pty Ltd; Second Respondent: James Hamilton Rae
Jurisdiction
Australia
Judgment Date
15 March 2001
Procedural Posture
Application for Leave (procedural Motion) / Interlocutory (leave Application for Document Use)
Outcome
Application granted (subject to undertaking)
Legal Topics
Use of Affidavits by Non Parties, Leave Required Under O 46 R 6(3) Federal Court Rules, Implied Undertaking in Respect of Court Documents
Practice and Procedure Use of Affidavits by Non Parties Leave Required Under O 46 R 6(3) Federal Court Rules Implied Undertaking in Respect of Court Documents

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Parties

Australian Competition and Consumer Commission

Applicant

Info4PC.com Pty Ltd

First Respondent

James Hamilton Rae

Second Respondent

Procedural Posture

Application for Leave (procedural Motion) / Interlocutory (leave Application for Document Use)

Legal Issues

  1. 1 Whether leave should be granted for use by a non-party (the Ministry of Fair Trading WA) of an affidavit filed in the present proceedings.
  2. 2 What circumstances are relevant to the grant of leave under O 46 r 6(3) of the Federal Court Rules.

Ratio Decidendi

Leave should be granted for use of the affidavit by the Ministry in the Supreme Court proceedings because special circumstances exist; the affidavit is relevant to another proceeding and release is justified, provided the Ministry gives an undertaking to use the document and its information only for evidence in the Supreme Court proceeding.

Court Disposition

Application granted (subject to undertaking)

Orders

  • The applicant's motion dated 22 February 2001 is granted.
  • The applicant has leave to provide the Ministry of Fair Trading (Western Australia) with the affidavit of James Hamilton Rae dated 13 February 2001, filed in this proceeding, upon the Ministry undertaking to the Court not to use the document or its information for any purpose other than evidence in proceeding CIV...