Jarra Creek Packing Shed Pty Ltd v Amcor Ltd (No 2) [2009] FCA 1005

Jarra Creek Packing Shed Pty Ltd v Amcor Ltd (No 2) [2009] FCA 1005

Further discovery was ordered for categories 1 to 6 in the Amended Notice of Motion due to the necessity for clean data periods to enable expert economic modelling, thus ensuring a fair trial. Applications for discovery of documents from other court proceedings (categories 7 and 8) and for amendment to include [89C] were refused as not necessary, relevant, or sufficiently particularised.

Parties
Applicant: Jarra Creek Packing Shed Pty Ltd; First Respondent/first Cross Claimant and Fourth Cross Respondent: Amcor Ltd; Second Respondent/second Cross Claimant and Fifth Cross Respondent: Amcor Packaging (Australia) Pty Ltd; Third Respondent/third Cross Claimant and Sixth Cross Respondent: Fibre Containers (Queensland) Pty Ltd; Fourth Respondent/fourth Cross Claimant and First Cross Respondent: Visy Board Proprietary Limited; Fifth Respondent/fifth Cross Claimant and Second Cross Respondent: Visy Industries Holdings Pty Ltd; Sixth Respondent/sixth Cross Claimant and Third Cross Respondent: Visy Industries Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
08 September 2009
Procedural Posture
Application for Further Discovery / Interlocutory Application Determined
Outcome
Application for further discovery granted in part, refused in part; directions made for parties to bring in Short Minutes of Order.
Legal Topics
Discovery, Cartel Conduct, Expert Evidence
Competition Law Practice and Procedure Discovery Cartel Conduct Expert Evidence

Case Brief

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Parties

Jarra Creek Packing Shed Pty Ltd

Applicant

Amcor Ltd

First Respondent/first Cross Claimant and Fourth Cross Respondent

Amcor Packaging (Australia) Pty Ltd

Second Respondent/second Cross Claimant and Fifth Cross Respondent

Fibre Containers (Queensland) Pty Ltd

Third Respondent/third Cross Claimant and Sixth Cross Respondent

Visy Board Proprietary Limited

Fourth Respondent/fourth Cross Claimant and First Cross Respondent

Visy Industries Holdings Pty Ltd

Fifth Respondent/fifth Cross Claimant and Second Cross Respondent

Visy Industries Australia Pty Ltd

Sixth Respondent/sixth Cross Claimant and Third Cross Respondent

Procedural Posture

Application for Further Discovery / Interlocutory Application Determined

Legal Issues

  1. 1 Whether further discovery should be granted for categories of documents relevant to pre- and post-cartel period
  2. 2 Whether documents from another Federal Court proceeding should be discovered
  3. 3 Whether amendment to Further Amended Statement of Claim should be allowed

Ratio Decidendi

Further discovery was ordered for categories 1 to 6 in the Amended Notice of Motion due to the necessity for clean data periods to enable expert economic modelling, thus ensuring a fair trial. Applications for discovery of documents from other court proceedings (categories 7 and 8) and for amendment to include [89C] were refused as not necessary, relevant, or sufficiently particularised.

Court Disposition

Application for further discovery granted in part, refused in part; directions made for parties to bring in Short Minutes of Order.

Orders

  • Parties to bring in Short Minutes of Order to give effect to these reasons.
  • Further discovery ordered for categories 1 to 6 in the Amended Notice of Motion.