Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1184

Charlick Trading Pty Ltd v Australian National Railways Commission & Anor [1997] FCA 1184

Documents produced under pars 1, 9(c) and 10(c) concerning Patrick Stevedores Holdings Pty Ltd had apparent relevance because its entry and participation in the Adelaide to Melbourne international shipping container transport market could bear on ease of market access and whether the second respondent had and exercised substantial market power. Confidentiality could be protected by limiting access to solicitors, counsel and nominated experts on confidentiality undertakings. The Court was not presently satisfied that documents concerning TNT Australia Pty Ltd and Twentieth Superpace Nominees Pty Ltd had apparent relevance, so access to those documents was stood over pending expert evidence...

Jurisdiction
Australia
Judgment Date
04 September 1997
Procedural Posture
Federal Court Proceeding Concerning Subpoenaed Documents and Access to Documents Produced Under Subpoena / Reasons for Decision on Motions by Non Parties to Set Aside Subpoenas or Prohibit or Limit Access to Documents Produced Under Subpoena
Outcome
Access granted in part on confidentiality terms; access otherwise deferred; costs reserved.
Legal Topics
['subpoena to Produce Documents' 'access to Documents Produced Under Subpoena' 'apparent Relevance' 'confidentiality of Non Party Documents' 'market Definition and Market Power']
['civil Procedure' 'evidence' 'competition Law'] ['subpoena to Produce Documents' 'access to Documents Produced Under Subpoena' 'apparent Relevance' 'confidentiality of Non Party Documents' 'market Definition and Market Power']

Case Brief

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Procedural Posture

Federal Court Proceeding Concerning Subpoenaed Documents and Access to Documents Produced Under Subpoena / Reasons for Decision on Motions by Non Parties to Set Aside Subpoenas or Prohibit or Limit Access to Documents Produced Under Subpoena

Legal Issues

  1. 1 ['Whether documents produced by the first respondent under the subpoena have an apparent relevance to the issues in the proceeding.' 'Whether access to documents concerning non-parties should be refused or limited because of confidentiality.' 'Whether ruling on access to documents concerning TNT Australia Pty Ltd and Twentieth Superpace Nominees Pty Ltd should be deferred pending expert evidence on the relevant market.']

Ratio Decidendi

Documents produced under pars 1, 9(c) and 10(c) concerning Patrick Stevedores Holdings Pty Ltd had apparent relevance because its entry and participation in the Adelaide to Melbourne international shipping container transport market could bear on ease of market access and whether the second respondent had and exercised substantial market power. Confidentiality could be protected by limiting access to solicitors, counsel and nominated experts on confidentiality undertakings. The Court was not presently satisfied that documents concerning TNT Australia Pty Ltd and Twentieth Superpace Nominees Pty Ltd had apparent relevance, so access to those documents was stood over pending expert evidence...

Court Disposition

Access granted in part on confidentiality terms; access otherwise deferred; costs reserved.

Orders

  • ['With respect to the documents produced under the subpoena dated 20 August 1997, the second respondent and the applicant may have access to the documents produced pursuant to pars 1, 9(c) and 10(c) of the subpoena upon the usual confidentiality terms being implemented as between the parties.' 'With respect to the...