Jarra Creek Central Packing Shed Pty Ltd v Amcor Ltd [2007] FCA 1559

Jarra Creek Central Packing Shed Pty Ltd v Amcor Ltd [2007] FCA 1559

The Court held that further discovery should be given for the period 1 January 1998 to mid-2006, rather than from 1995 or confined to the pleaded core period, because that period balanced the burden of discovery with the need for pre- and post-conduct material and benchmarking. Documents relating to market structure and PPP were relevant to liability and to common issues concerning causation and damages, so discovery should not be deferred. However, the detailed breakdowns and financial analyses sought in category 9.2(c) and (d), including indicator reports, were not shown to be appropriate or necessary at that stage.

Jurisdiction
Australia
Judgment Date
12 October 2007
Procedural Posture
Representative Proceeding Alleging Breach of the Trade Practices Act 1974 (cth) by Price Fixing in the Corrugated Fibre Products Market / Interlocutory Application for Further Discovery
Outcome
Application for further discovery allowed in part; discovery period fixed as 1 January 1998 to mid-2006, PPP documents to be produced, market structure discovery not deferred, and category 9.2 to be modified.
Legal Topics
['further Discovery' 'scope of Discovery' 'discovery Period' 'price Fixing' 'cartel Conduct' 'causation and Damages' 'common Questions in Representative Proceedings']
['practice and Procedure' 'competition Law' 'representative Proceedings'] ['further Discovery' 'scope of Discovery' 'discovery Period' 'price Fixing' 'cartel Conduct' 'causation and Damages' 'common Questions in Representative Proceedings']

Case Brief

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Procedural Posture

Representative Proceeding Alleging Breach of the Trade Practices Act 1974 (cth) by Price Fixing in the Corrugated Fibre Products Market / Interlocutory Application for Further Discovery

Legal Issues

  1. 1 ['Whether Amcor and Visy should be required to give further discovery in the categories proposed by Jarra Creek.' 'What period should be covered by the further discovery.' 'Whether discovery relating to market structure should be deferred on the basis that it concerns causation and damages rather than liability.' 'Whether documents relating to pulp and paper products were relevant to alleged price fixing in corrugated fibre products.' 'Whether detailed financial documents sought in category 9.2 should be discovered.']

Ratio Decidendi

The Court held that further discovery should be given for the period 1 January 1998 to mid-2006, rather than from 1995 or confined to the pleaded core period, because that period balanced the burden of discovery with the need for pre- and post-conduct material and benchmarking. Documents relating to market structure and PPP were relevant to liability and to common issues concerning causation and damages, so discovery should not be deferred. However, the detailed breakdowns and financial analyses sought in category 9.2(c) and (d), including indicator reports, were not shown to be appropriate or necessary at that stage.

Court Disposition

Application for further discovery allowed in part; discovery period fixed as 1 January 1998 to mid-2006, PPP documents to be produced, market structure discovery not deferred, and category 9.2 to be modified.

Orders

  • ['The applicant serve draft Short Minutes of Orders to give effect to these reasons.' 'Costs are reserved.']