Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2002] FCA 18

Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2002] FCA 18

Production of documents under the notice to produce is deferred, as requiring immediate compliance would not serve a legitimate forensic purpose at this interlocutory stage, where the strike out application is pending and the necessity for production has not been demonstrated. The court reserves liberty to apply or restore the notice if circumstances change.

Parties
First Applicant: Petrotimor Companhia de Petroleos S.A.R.L.; Second Applicant: Oceanic Exploration Company; First Respondent: Commonwealth of Australia; Second Respondent: Joint Authority Established Pursuant to the Treaty of 11 December 1989 between Australia and Indonesia; Third Respondent: Phillips Petroleum (91-12) Pty Limited; Fourth Respondent: Phillips Petroleum Company ZOC; Fifth Respondent: Phillips Petroleum Timor Sea Pty Limited
Jurisdiction
Australia
Judgment Date
21 January 2002
Procedural Posture
Interlocutory Application / Motion to Set Aside Notice to Produce
Outcome
Application to set aside notice to produce not granted; call on production deferred until further order. Orders made as to procedural management.
Legal Topics
Notice to Produce, Abuse of Process, Discovery, Justiciability
Practice and Procedure Notice to Produce Abuse of Process Discovery Justiciability

Case Brief

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Parties

Petrotimor Companhia de Petroleos S.A.R.L.

First Applicant

Oceanic Exploration Company

Second Applicant

Commonwealth of Australia

First Respondent

Joint Authority Established Pursuant to the Treaty of 11 December 1989 between Australia and Indonesia

Second Respondent

Phillips Petroleum (91-12) Pty Limited

Third Respondent

Phillips Petroleum Company ZOC

Fourth Respondent

Phillips Petroleum Timor Sea Pty Limited

Fifth Respondent

Procedural Posture

Interlocutory Application / Motion to Set Aside Notice to Produce

Legal Issues

  1. 1 Whether the notice to produce served by Phillips on Petrotimor serves a legitimate forensic purpose, particularly at the interlocutory stage where a strike out application is pending.

Ratio Decidendi

Production of documents under the notice to produce is deferred, as requiring immediate compliance would not serve a legitimate forensic purpose at this interlocutory stage, where the strike out application is pending and the necessity for production has not been demonstrated. The court reserves liberty to apply or restore the notice if circumstances change.

Court Disposition

Application to set aside notice to produce not granted; call on production deferred until further order. Orders made as to procedural management.

Orders

  • Until further order, applicants are not required to produce documents called for in the third to fifth respondents' notice to produce dated 21 November 2001.
  • The notice of motion filed by the applicants dated 13 December 2001 is stood over generally with liberty to restore on three days' notice.