Trade Practices Commission v. T.N.T. Management Pty Ltd and Ors [1981] FCA 221

Trade Practices Commission v. T.N.T. Management Pty Ltd and Ors [1981] FCA 221

The Court, bound by the views expressed in Lucas Industries Ltd. v. Hewitt and assisted by Waind v. Hill and related authorities, held that it has power in an appropriate case to permit a party to inspect relevant documents produced by a non-party to the Court in answer to a subpoena, subject to the Court's control; however, whether inspection of any documents produced by Mr. Rochfort should actually be permitted was not presently before the Court.

Jurisdiction
Australia
Judgment Date
19 November 1981
Procedural Posture
Interlocutory Subpoena Matter in Federal Court Proceedings / Determination of Whether the Court Has Power to Permit a Party to Inspect Documents Produced to the Court by a Non Party in Answer to a Subpoena; Costs Reserved
Outcome
The Court determined that it has power in an appropriate case to permit inspection by a party of documents produced by a non-party in answer to a subpoena; the question whether to permit inspection of Mr. Rochfort's documents was deferred.
Legal Topics
['subpoena for Production of Documents' 'inspection of Documents Produced by Non Party' 'court Control of Subpoenaed Documents' 'interlocutory Procedure']
['civil Procedure' 'evidence'] ['subpoena for Production of Documents' 'inspection of Documents Produced by Non Party' 'court Control of Subpoenaed Documents' 'interlocutory Procedure']

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Procedural Posture

Interlocutory Subpoena Matter in Federal Court Proceedings / Determination of Whether the Court Has Power to Permit a Party to Inspect Documents Produced to the Court by a Non Party in Answer to a Subpoena; Costs Reserved

Legal Issues

  1. 1 ['Whether the Court has power to permit inspection by a party of documents produced to the Court in answer to a subpoena by a person who is not a party to the litigation.' 'Whether such power exists notwithstanding objection by the non-party subpoena recipient to production and inspection.']

Ratio Decidendi

The Court, bound by the views expressed in Lucas Industries Ltd. v. Hewitt and assisted by Waind v. Hill and related authorities, held that it has power in an appropriate case to permit a party to inspect relevant documents produced by a non-party to the Court in answer to a subpoena, subject to the Court's control; however, whether inspection of any documents produced by Mr. Rochfort should actually be permitted was not presently before the Court.

Court Disposition

The Court determined that it has power in an appropriate case to permit inspection by a party of documents produced by a non-party in answer to a subpoena; the question whether to permit inspection of Mr. Rochfort's documents was deferred.

Orders

  • ['The question of costs of the hearing before the Court on 16 November 1981 was reserved.']