Federal Court of Australia
Evidence — Discovery and Inspection ~ Claim of Legal Professional Privilege -— Discretion of the court to
anspect documents where a claim of privilege is made.
TRADE PRACTICES COMMISSION and ROBERT STERLING
LOCKHART J.
15 JUNE 1979
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G155
GENERAL DIVISION
IN THE MATTER of lhe Trade BETWEEN: TRADE PRACTICES
AND: ROBERT STERLING
REASONS FOR JUDGMENT
JUDGE MAKING ORDER: LOCKHART J. WHERE MADE: SYDNIWY DATT. OF ORDER: 15 JUNE 1979
THE COURT ORDERS THAT: The application be dismissed.
Costs of both parties reserved.
of 1978
Practices Act
COMMISSION
Applicant
Respondent
IN THE FEDERAL COURT OF AUSTRALTA ) NEW SOUTH WALES DISTRICT RECISTRY No. G155 of 1978
GENERAL DIVISION
IN THE MATTER of the Trade Praclices Act,
T97e
BETWEEN: TRADE PRACTICES COMMISSION Applicant
AND: ROBERT STERLING Respondent
REASONS FOR JUDGMENT 45 nl 1979 LOCKHART J.
Neither party had sought discovery and inspection of documents in this case before the commencement of the Lrial.
During the course of the trial 16 became apparent that there should be mulual discovery and inspeclion, so lL made an order for mutual discovery and itnspeclion of documents subject to certain exceptions which are immaterial to the application before me.
Each party filed an affidavil of discovery. Inspection has taken place.
The respondent seeks to inspecl documents numbered 24 to 52 inclusive in Part II of the schedule to the affidavit of discovery of Geoffrey David Lavington filed on behalf of the applicant.
Paragraph 5. (b) of the affidavit 1s in these terms:-
"The Applicant objects to the production of the
documents listed in Part II of the Schedule on the grounds of legal professional privilege:-
to the affidavit does not fall wiihin any recognised head of
legal professional privilege.
provides:—
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