In the application of John Dee (Export) Pty. Limited & Ors [1988] ATPT 3

In the application of John Dee (Export) Pty. Limited & Ors [1988] ATPT 3

The Tribunal refused to issue the summons as sought because doing so would unduly burden John Dee (Export) Pty. Limited and its legal advisers and impair their preparation for the upcoming hearing, especially given the absence of relevant evidence supporting the applicants' request.

Parties
Applicants: John Dee (Export) Pty. Limited & Ors.; Respondents: Elders IXL Limited, Dalgety Farmers Limited and Primac Association Limited
Jurisdiction
Australia
Judgment Date
29 August 1988
Procedural Posture
Application for Authorisation / Interlocutory Order Regarding Production of Documents
Outcome
summons refused
Legal Topics
Discovery, Production of Documents, Interlocutory Applications
Competition Law Discovery Production of Documents Interlocutory Applications

Case Brief

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Parties

John Dee (Export) Pty. Limited & Ors.

Applicants

Elders IXL Limited, Dalgety Farmers Limited and Primac Association Limited

Respondents

Procedural Posture

Application for Authorisation / Interlocutory Order Regarding Production of Documents

Legal Issues

  1. 1 Whether a summons should issue requiring solicitors for John Dee (Export) Pty. Limited to produce all documents inspected during discovery and related notes.

Ratio Decidendi

The Tribunal refused to issue the summons as sought because doing so would unduly burden John Dee (Export) Pty. Limited and its legal advisers and impair their preparation for the upcoming hearing, especially given the absence of relevant evidence supporting the applicants' request.

Court Disposition

summons refused

Orders

  • Leave to issue the summons directed to the solicitors for John Dee (Export) Pty. Limited to produce on 1 September 1988 the copies of all documents inspected together with notes and references is refused.