Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1185

Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1185

Further discovery was warranted only against the first respondent, and only for documents in pars 4, 6, 7 and 9 of Mr Brown's affidavit that had not already been discovered and were directly relevant to the existence or nature of the market for interstate transport of containers between Adelaide and Melbourne by rail or by road and rail, or to the second respondent's power or exercise of power in that market. The balance of the requested discovery was refused because it was not shown to be sufficiently directly relevant or because the Court was not satisfied the second respondent had failed to discover additional directly relevant material.

Jurisdiction
Australia
Judgment Date
22 September 1997
Procedural Posture
Notice of Motion for Further and Better Discovery / Interlocutory Discovery Motion Before Hearing
Outcome
Motion allowed in part against the first respondent; no order made against the second respondent.
Legal Topics
['further and Better Discovery' 'inspection of Documents' 'confidentiality' 'federal Court Rules O 15 Rr 8 and 15']
['civil Procedure' 'discovery'] ['further and Better Discovery' 'inspection of Documents' 'confidentiality' 'federal Court Rules O 15 Rr 8 and 15']

Case Brief

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Procedural Posture

Notice of Motion for Further and Better Discovery / Interlocutory Discovery Motion Before Hearing

Legal Issues

  1. 1 ['Whether further discovery should be ordered against the first respondent under O 15 r 8 of the Federal Court Rules.' 'Whether further discovery should be ordered against the second respondent under O 15 r 8 of the Federal Court Rules.' 'Whether the requested documents were necessary for the fair and proper disposition of the matter and directly relevant to issues in dispute.']

Ratio Decidendi

Further discovery was warranted only against the first respondent, and only for documents in pars 4, 6, 7 and 9 of Mr Brown's affidavit that had not already been discovered and were directly relevant to the existence or nature of the market for interstate transport of containers between Adelaide and Melbourne by rail or by road and rail, or to the second respondent's power or exercise of power in that market. The balance of the requested discovery was refused because it was not shown to be sufficiently directly relevant or because the Court was not satisfied the second respondent had failed to discover additional directly relevant material.

Court Disposition

Motion allowed in part against the first respondent; no order made against the second respondent.

Orders

  • ["The first respondent make further discovery and make available for inspection, subject to proper protection of confidential documents, any further documents described specifically in pars 4, 6, 7 and 9 of Mr Brown's affidavit of 25 August 1997, limited to documents or parts of documents not presently discovered...