T.N.T. Management Pty Ltd & Anor v Trade Practices Commission [1983] FCA 120

T.N.T. Management Pty Ltd & Anor v Trade Practices Commission [1983] FCA 120

The applicants did not establish facts entitling them to an order for further and better discovery, or for inspection or supply of documents; most discovery obligations had been met with additional affidavits filed. No material justified the orders sought, and discretion did not support granting them.

Parties
Applicant: T.N.T. Management Pty. Limited; Applicant: Ansett Transport Industries (Operations) Pty. Limited; Applicant: Associated Steamships Pty. Limited; Respondent: Trade Practices Commission
Jurisdiction
Australia
Judgment Date
20 June 1983
Procedural Posture
Interlocutory Application / Motion Determination
Outcome
application dismissed (except for costs)
Legal Topics
Discovery, Inspection of Documents, Costs
Commercial Law Discovery Inspection of Documents Costs

Case Brief

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Parties

T.N.T. Management Pty. Limited

Applicant

Ansett Transport Industries (Operations) Pty. Limited

Applicant

Associated Steamships Pty. Limited

Applicant

Trade Practices Commission

Respondent

Procedural Posture

Interlocutory Application / Motion Determination

Legal Issues

  1. 1 Whether the respondent was obliged to make further and better discovery of documents
  2. 2 Whether orders should be made for inspection or supply of certain documents
  3. 3 Whether orders should be made under s.157 of the Trade Practices Act

Ratio Decidendi

The applicants did not establish facts entitling them to an order for further and better discovery, or for inspection or supply of documents; most discovery obligations had been met with additional affidavits filed. No material justified the orders sought, and discretion did not support granting them.

Court Disposition

application dismissed (except for costs)

Orders

  • The respondent, Trade Practices Commission, to pay three quarters of the costs of the applicants in the motion.
  • No other order is made upon the application.