J. Wattie Canneries Ltd (application for writs against Hayes, T.) [1986] FCA 420

J. Wattie Canneries Ltd (application for writs against Hayes, T.) [1986] FCA 420

A party or person who desires to be heard under Order 54A r.7 is entitled to be supplied with affidavits unless there is evidence of abuse of process or pursuit of a collateral purpose. In this case, access was allowed as no such impropriety was shown and the applicants had a genuine interest in the proceedings.

Parties
Prosecutor: J. Wattie Canneries Limited; Respondent: Thomas Plunkett Hayes, Comptroller-General of Customs; Applicant (interlocutory): Petersville Industries Limited; Applicant (interlocutory): McCain Foods (Australia) Pty. Ltd.
Jurisdiction
Australia
Judgment Date
24 September 1986
Procedural Posture
Application for Prerogative Writs (certiorari, Prohibition, Injunction) / Interlocutory Application for Access to Affidavits
Outcome
Application granted
Legal Topics
Prerogative Relief, Interlocutory Applications, Access to Court Documents
Administrative Law Customs Law Civil Procedure Prerogative Relief Interlocutory Applications Access to Court Documents

Case Brief

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Parties

J. Wattie Canneries Limited

Prosecutor

Thomas Plunkett Hayes, Comptroller-General of Customs

Respondent

Petersville Industries Limited

Applicant (interlocutory)

McCain Foods (Australia) Pty. Ltd.

Applicant (interlocutory)

Procedural Posture

Application for Prerogative Writs (certiorari, Prohibition, Injunction) / Interlocutory Application for Access to Affidavits

Legal Issues

  1. 1 Whether Petersville Industries Limited and McCain Foods (Australia) Pty. Ltd. are entitled to access affidavits proposed to be used by the prosecutor under Order 54A r.7 of the Federal Court Rules
  2. 2 Whether the rule is mandatory or discretionary and whether requirements for joinder as a party should be implied
  3. 3 Whether there is any abuse of process or collateral purpose in the application for access

Ratio Decidendi

A party or person who desires to be heard under Order 54A r.7 is entitled to be supplied with affidavits unless there is evidence of abuse of process or pursuit of a collateral purpose. In this case, access was allowed as no such impropriety was shown and the applicants had a genuine interest in the proceedings.

Court Disposition

Application granted

Orders

  • The prosecutor is to supply Petersville Industries Limited and McCain Foods (Australia) Pty. Ltd. with copies of any affidavits proposed to be used in the principal proceedings in claiming interlocutory or final relief.
  • Liberty to the prosecutor to apply to vary the order, for purpose of forbidding or restricting publication of any part of the said affidavits.