The Kettle Chip Co Pty Ltd Apand Pty Ltd (Formerly CCA Snack Foods Pty Ltd)

[1995] FCA 948

NOT SUITABLE FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA )
  )
NEW SOUTH WALES DISTRICT REGISTRY )    NG 248 of 1992
  )
GENERAL DIVISION                 )

BETWEEN:     THE KETTLE CHIP COMPANY PTY LIMITED

Applicant

AND:APAND PTY LIMITED (FORMERLY CCA SNACK FOODS PTY LIMITED)

Respondent

CORAM: Burchett J.
PLACE: Sydney
DATE : 8 November 1995

REASONS FOR JUDGMENT

BURCHETT J.:

In this matter Mr Catterns seeks an order to enable documents produced under the discovery and subpoena and other procedures of the Court in the matter of Kettle Chip Co Pty Limited v Apand Pty Limited to be made available to his client, not merely for the purposes of that action, but also for the purposes of a further action against the holding company of the respondent.  I should add the applicant's proposal is to sue the holding company on causes of action involving an allegation that it was in effect a party to, or a party which aided and abetted (to use the well-known criminal law expression which has been picked up by the Trade Practices Act), the breaches which have been proved against Apand Pty Limited.  It seems to me that, having regard to the closeness of the connection between the present action and the proposed action, the relationship between the respondent in the present action and the proposed respondent, and in all the circumstances, the principles which were expounded in the cases to which Mr Catterns has referred, properly understood, require that I should make the order that is sought.  Those cases are: Holpitt Pty Ltd v Varimu Pty Limited (1991) 29 FCR 576; Complete Technology Pty Ltd v Toshiba (Australia) Pty Ltd (1994) 124 ALR 493; and Springfield Nominees Pty Limited v Bridgelands Securities Limited (1992) 38 FCR 217.

I think the notice of motion expresses the matter appropriately, and accordingly I make orders in terms of prayers 1 and 2 of the notice of motion.

I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of his Honour Justice Burchett.

Associate:

Date: 23 November 1995

Counsel for the Applicant:       Mr D.K. Catterns Q.C. with Ms S.J. Goddard

Solicitors for the Applicant:        Mallesons Stephen Jaques

Solicitor for the Respondent:        Mr N. Lucas of Clayton Utz

Date of hearing:                 8 November 1995