Trade Practices Commission v. T.N.T. Management Pty Ltd & Ors [1981] FCA 222

Trade Practices Commission v. T.N.T. Management Pty Ltd & Ors [1981] FCA 222

With one exception, none of the documents or statements tended to establish the case of the defendants within the meaning of s.157. The statement of Mr. W. Levitt contains material that tends to establish the case of the defendants and, in the absence of evidence regarding its preparation, the Commission is obliged to furnish a copy to the defendants.

Parties
Plaintiff: TRADE PRACTICES COMMISSION; First Defendant: T.N.T. MANAGEMENT PTY. LIMITED; Second Defendant: BRAMBLES HOLDINGS LIMITED; Third Defendant: MAYNE NICKLESS LIMITED; Fourth Defendant: YOUNGS TRANSPORT PTY. LIMITED; Fifth Defendant: ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LIMITED; Sixth Defendant: EXPRESS FREIGHT PTY. LIMITED; Seventh Defendant: ASSOCIATED STEAMSHIPS PTY. LIMITED; Eighth Defendant: IPEC HOLDINGS LIMITED; Ninth Defendant: INTERSTATE PARCEL EXPRESS CO. PTY. LIMITED
Jurisdiction
Australia
Judgment Date
20 October 1981
Procedural Posture
General Division Civil Proceeding / Interlocutory Motion Regarding Discovery and Production of Documents
Outcome
interlocutory order granting part of discovery request
Legal Topics
Discovery, Production of Documents, Privilege
Trade Practices Law Discovery Production of Documents Privilege

Case Brief

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Parties

TRADE PRACTICES COMMISSION

Plaintiff

T.N.T. MANAGEMENT PTY. LIMITED

First Defendant

BRAMBLES HOLDINGS LIMITED

Second Defendant

MAYNE NICKLESS LIMITED

Third Defendant

YOUNGS TRANSPORT PTY. LIMITED

Fourth Defendant

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) PTY. LIMITED

Fifth Defendant

EXPRESS FREIGHT PTY. LIMITED

Sixth Defendant

ASSOCIATED STEAMSHIPS PTY. LIMITED

Seventh Defendant

IPEC HOLDINGS LIMITED

Eighth Defendant

INTERSTATE PARCEL EXPRESS CO. PTY. LIMITED

Ninth Defendant

Procedural Posture

General Division Civil Proceeding / Interlocutory Motion Regarding Discovery and Production of Documents

Legal Issues

  1. 1 Whether the documents and statements listed in Exhibit Y and the statements requested by amendment tend to establish the case of the defendants within the meaning of s.157 of the Trade Practices Act 1974
  2. 2 Whether the Commission is obliged to furnish true copies of the documents and statements to the defendants

Ratio Decidendi

With one exception, none of the documents or statements tended to establish the case of the defendants within the meaning of s.157. The statement of Mr. W. Levitt contains material that tends to establish the case of the defendants and, in the absence of evidence regarding its preparation, the Commission is obliged to furnish a copy to the defendants.

Court Disposition

interlocutory order granting part of discovery request

Orders

  • The Trade Practices Commission is obliged to furnish a copy of the statement of Mr. W. Levitt to the first, fifth and seventh defendants.