Elna Australia Pty Ltd v. International Computers (Australia) Pty Ltd [1987] FCA 249

Elna Australia Pty Ltd v. International Computers (Australia) Pty Ltd [1987] FCA 249

The Federal Court of Australia does not have power under Part IIIB of the Evidence Act 1905 or as a matter of inherent jurisdiction to issue a letter of request to a foreign court solely for the production of documents, as this is not 'the taking or causing to be taken the evidence' of the corporation within the sense of the statute; such power is statutory and does not extend to the discovery sought.

Parties
Applicant: ELNA Australia Pty Limited; Respondent: International Computers (Australia) Pty Limited
Jurisdiction
Australia
Judgment Date
15 May 1987
Procedural Posture
Notice of Motion in Civil Proceeding / Application for Letter of Request—interlocutory Motion, Judgment
Outcome
Application dismissed
Legal Topics
Letters of Request, Inherent Jurisdiction, Production of Documents, Taking of Evidence Abroad
Practice and Procedure Evidence Letters of Request Inherent Jurisdiction Production of Documents Taking of Evidence Abroad

Case Brief

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Parties

ELNA Australia Pty Limited

Applicant

International Computers (Australia) Pty Limited

Respondent

Procedural Posture

Notice of Motion in Civil Proceeding / Application for Letter of Request—interlocutory Motion, Judgment

Legal Issues

  1. 1 Whether the Federal Court of Australia has power under Part IIIB of the Evidence Act 1905 or inherent jurisdiction to make an order for issue of a letter of request to a foreign court for production of documents by a corporation not a party to the action

Ratio Decidendi

The Federal Court of Australia does not have power under Part IIIB of the Evidence Act 1905 or as a matter of inherent jurisdiction to issue a letter of request to a foreign court solely for the production of documents, as this is not 'the taking or causing to be taken the evidence' of the corporation within the sense of the statute; such power is statutory and does not extend to the discovery sought.

Court Disposition

Application dismissed

Orders

  • The motion be dismissed.
  • The Applicant pay the Respondent's costs of the motion.