Reading Entertainment Australia Pty Ltd v Birch Carroll & Coyle Ltd

[2002] FCAFC 109

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Interrogate

Catchwords

1. Practice and Procedure
2. › Discovery
3. › Specific discovery
4. › Scope of discoverable documents
5. › Whether documents relating to conduct outside the pleaded market relevant to establishing purpose under s 46 Trade Practices Act
6. › Whether 'fishing'
7. › Federal Court Rules O 15 r 2(3), r 3, r 8
8. › Practice Note 14
1. Practice and Procedure
2. › Discovery
3. › Modern practice and case management
4. › Balancing relevance against oppressiveness
5. › Role of docket judge in managing discovery
6. › Federal Court Rules O 15 r 2(3), r 3
1. Trade Practices
2. › Misuse of market power
3. › Purpose element under s 46
4. › Whether evidence of anti-competitive conduct in other geographic markets relevant to establishing purpose in the pleaded market
5. › Trade Practices Act 1974 (Cth), s 46, s 46(7)
1. Practice and Procedure
2. › Interlocutory appeals
3. › Leave to appeal from interlocutory discovery orders
4. › Extension of time
5. › Role of appellate court in reviewing interlocutory decisions

Quick Take

In proceedings alleging misuse of market power under s 46 of the Trade Practices Act 1974 (Cth), documents evidencing discrete instances of similar anti-competitive conduct by the respondents in geographic markets other than the pleaded market are discoverable in principle where they are probative of the respondents' purpose in the pleaded market. The 'fishing' objection does not apply where the pleading raises the conduct as an issue and the applicant has unchallenged affidavit evidence supporting the existence of the documents. However, discovery may still be refused on grounds of oppressiveness, having regard to the value of the discovery and the burden imposed.