Federal Court of Australia
CATCHWORDS
Trade Practices - Agreement claimed to contravene the Act -
Confidentiality claimed for certain parts - Order
prohibiting publication and restricting inspection refused. Pleading - Amendment of statement of claim.
Appeal - Function of appeal court —- Ambit of discretion under s.50 considered ~- Order made prohibiting publication
and permitting inspection to certain persons upon appropriate
undertakings being given.
Federal Court of Australia Act 1976, ss.17 and 50.
AUSTRALIAN BROADCASTING COMMISSION v. ROBERT JAMES PARISH & ORS.;
P.B.L. MARKETING PTY. LIMITED & ORS. v. AUSTRALIAN BROADCASTING COMMISSION;
ROBERT JAMES PARTSH & ORS. v. AUSTRALIAN BROADCASTING COMMISSION
Nos. G13, Gi4, G15 of 1980.
Coram: Bowen C.J., Franki and Deane JJ.
2 April 1980.
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA)
) NEW SOUTH WALES DISTRICT REGISTRY) Nos. G13, 14, 15 of 1980
) GENERAL DIVISION )
ON APPEAL from a single Judge of the Federal Court of Australia
BETWEEN:
AUSTRALIAN BROADCASTING COMMISSION
Appellant
AND:
ROBERT JAMES PARISH & ORS.
Respondents
BETWEEN:
P.B.L. MARKETING PTY. LIMITED & ORS.
Appellants
AND:
AUSTRALIAN BROADCASTING COMMISSION
Respondent
BETWEEN: ROBERT JAMES PARISH & ORS.
Appellants
AND: AUSTRALIAN BROADCASTING COMMISSION
Respondent
ORDER JUDGES MAKING ORDER: Bowen C.J., Franki and Deane JJ. DATE OF ORDER: 2 April 1980. WHERE MADE: Sydney
Appeal in Matter No. G13 of 1980 THE COURT ORDERS that the appeal be dismissed with costs.
Appeals in Matters Nos. G14 and G15 of 1980 :
THE COURT ORDERS:.
L. That the appeals be allowed.
2. That orders 1, 2 and 4 made by the trial Judge on 18 February 1980 be set aside.
3. That such named members and officers of the Australian Broadcasting Commission and such named legal advisers and other experts as the trial Judge shall determine be permitted to inspect the whole of the agreement of 30 May 1979, such inspection to be for the purposes of this litigation only and to be subject to each person seeking to inspect as aforesaid undertaking to the Court that he or she will maintain the confidentiality of the confidential parts of the agreement referred to in order 4 hereof and will not divulge the contents of such parts to any person other than a person permitted
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