Re John Dee (Export) Pty. Limited & Ors [1988] ATPT 1

Re John Dee (Export) Pty. Limited & Ors [1988] ATPT 1

The Trade Practices Tribunal has power to order payment by John Dee (Export) Pty. Ltd. of reasonable costs and expenses incurred by the Victorian Stock and Station Agents Association in complying with the Tribunal's summons, such power arising by implication or as incidental to the Tribunal's express statutory powers regarding procedure and the issue of summonses.

Parties
Applicant: John Dee (Export) Pty. Limited; Non Party Witness: Victorian Stock and Station Agents Association; Decision Maker (original Determination): Trade Practices Commission
Jurisdiction
Australia
Judgment Date
23 December 1988
Procedural Posture
Application for Review / Interlocutory Determination on Tribunal's Powers Regarding Costs/expenses
Outcome
Matter stood over for further hearing to determine classes of costs and expenses recoverable.
Legal Topics
Tribunal Powers, Costs and Expenses of Non Party Witnesses, Procedure in Administrative Tribunals
Trade Practices Administrative Law Tribunal Powers Costs and Expenses of Non Party Witnesses Procedure in Administrative Tribunals

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Parties

John Dee (Export) Pty. Limited

Applicant

Victorian Stock and Station Agents Association

Non Party Witness

Trade Practices Commission

Decision Maker (original Determination)

Procedural Posture

Application for Review / Interlocutory Determination on Tribunal's Powers Regarding Costs/expenses

Legal Issues

  1. 1 Does the Trade Practices Tribunal have power to order payment of costs and expenses incurred by a person complying with a summons to produce documents, including searching, collating and copying documents?

Ratio Decidendi

The Trade Practices Tribunal has power to order payment by John Dee (Export) Pty. Ltd. of reasonable costs and expenses incurred by the Victorian Stock and Station Agents Association in complying with the Tribunal's summons, such power arising by implication or as incidental to the Tribunal's express statutory powers regarding procedure and the issue of summonses.

Court Disposition

Matter stood over for further hearing to determine classes of costs and expenses recoverable.

Orders

  • The matter be stood over to a date to be fixed for the purpose of determining the question of the class or classes of costs and expenses to which the Victorian Stock and Station Agents Association is entitled.