FEDERAL COURT OF AUSTRALIA
Dibb v Avco Financial Services Ltd [2000] FCA 1785
COSTS – Federal Court Rules O 62A – application to fix maximum costs recoverable in proceedings – whether order should be made.
PRACTICE AND PROCEDURE – discovery – whether order for production of documents is appropriate.
PRACTICE AND PROCEDURE – discovery – confidential and privileged documents said to have been inadvertently discovered – whether sufficient evidence of inadvertence.
Trade Practices Act 1974 (Cth).
Superannuation Industry (Supervision) Act 1993 (Cth).
Evidence Act 1995 (Cth), ss 118, 122.Federal Court Rules, O 15 r 11; O 62A
Hanisch v Strive Pty Ltd (1997) 74 FCR 384, cited.
Sacks v Permanent Trustee Australia Ltd (1993) 45 FCR 509, cited.
Woodland v Permanent Trustee Co Ltd (1995) 58 FCR 139, cited.
Director of Public Prosecutions (Cth) v Kane (1997) 140 FLR 468, cited.
Mann v Carnell (1999) 168 ALR 86, cited.
Meltend Pty Ltd v Restoration Clinics of Australia Pty Ltd (1997) 75 FCR 511, cited.Simpson, Bailey and Evans, Discovery and Interrogatories (2nd ed., 1990).
RAYMOND DIBB v AVCO FINANCIAL SERVICES LTD & ANOR
N 673 of 1999SACKVILLE J
SYDNEY
8 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 673 OF 1999
BETWEEN:
RAYMOND DIBB
APPLICANTAND:
AVCO FINANCIAL SERVICES LTD
FIRST RESPONDENTAVCO SUPERANNUATION PLAN PTY LTD
THIRD RESPONDENTJUDGE:
SACKVILLE J
DATE OF ORDER:
8 DECEMBER 2000
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1. The applicant’s motion filed on 15 September 1999 be dismissed.
2. The first respondent’s motion filed on 9 October 2000 be dismissed.
3. The third respondent’s motion filed on 18 October 2000 be dismissed.
4. There be no order as to costs in relation to any of the motions.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
N 673 OF 1999
BETWEEN:
RAYMOND DIBB
APPLICANTAND:
AVCO FINANCIAL SERVICES LTD
FIRST RESPONDENTAVCO SUPERANNUATION PLAN PTY LTD
THIRD RESPONDENT
JUDGE:
SACKVILLE J
DATE:
8 DECEMBER 2000
PLACE:
SYDNEY
REASONS FOR JUDGMENT
A number of motions are outstanding in this matter. I shall deal with each of them in turn. I should, however, first briefly explain the nature of the litigation.
THE LITIGATION
The applicant (“Mr Dibb”) was employed by the first respondent (“Financial Services”) between May 1977 and August 1996. He was also a member of the Avco Australia Superannuation Fund (“the Fund”) of which the third respondent (“Superannuation Plan”) was the trustee. The second respondent has never been served with any process and has played no part in the proceedings.
Mr Dibb, who is not legally represented, has pleaded his case in an amended statement of claim that is 78 pages in length. It is necessary only to outline in summary terms the nature of the case he wishes to make out against Financial Services and Superannuation…
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- Case
- [2000] FCA 1785
- Decision Date
CaseChat Overview and Summary
The primary legal issues that the court had to decide included whether the documents in question were rightfully obtained and released to Mr Dibb without the consent of Superannuation Plan, and whether there were grounds to dismiss the various motions filed by the parties. The court had to assess the validity of the contentions raised by Mr Dibb and the respondents, and determine if any of the motions brought by the parties warranted dismissal.
In its reasoning, the court found that there was insufficient evidence to establish that the documents were released to Mr Dibb without the consent of Superannuation Plan. Consequently, the motion brought by Superannuation Plan was dismissed. The court also noted that some of the contentions raised by Mr Dibb appeared irrelevant to the core issues at hand. Given these considerations, the court opted not to make any orders regarding the costs of the motions, deeming it appropriate to leave the matter without further financial implications for the parties involved.
The court's final orders were to dismiss the motions filed by the applicant on 15 September 1999, the first respondent on 9 October 2000, and the third respondent on 18 October 2000. Additionally, the court made no order as to costs in relation to any of the motions. This decision underscores the importance of ensuring that any document release in litigation is properly authorised and that only relevant contentions are pursued in court.
Orders
Orders of the court
1. The applicant’s motion filed on 15 September 1999 be dismissed.
2. The first respondent’s motion filed on 9 October 2000 be dismissed.
3. The third respondent’s motion filed on 18 October 2000 be dismissed.
4. There be no order as to costs in relation to any of the motions.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: SACKVILLE J
Full text does not contain this section.