Federal Court of Australia
CATCHWORDS
Practice and procedure - discovery - claim for privilege from inspection of documents brought into existence solely for purposes of advice to be obtained by or proceedings
to be prosecuted by private individuals - documents handed to Trade Practices Commission to assist it in action for penalties brought against respondents against whom private individuals proceeding - documents in possession custody or power of Commission ~ competing public policies in not discouraging persons from assisting Commission and in administration of justice - preponderant public policy
held to be the former - claim for inspection refused.
TRADE PRACTICES COMMISSION v. QUEENSLAND AGGREGATES PTY. LIMITED and BRIAN WHITE
No. G 3 of 1981 -
CORAM: SHEPPARD J. DATE: 9 July, 1981 PLACE: BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
) QUEENSLAND DISTRICT REGISTRY No. G 3 of 1981 GENERAL DIVISION )
BETWEEN TRADE PRACTICES COMMISSION Applicant AND QUEENSLAND AGGREGATES PTY. LIMITED First Respondent AND BRIAN WHITE - Second Respondent ORDER
JUDGE MAKING ORDER: SHEPPARD J. DATE OF ORDER: 9 July, 1981 WHERE, MADE: Brisbane
THE COURT ORDERS THAT
l. The notice of motion be dismissed.
2. The costs of the notice of motion be the second
respondent's costs in the proceedings.
IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY No. G 3 of 1981
—
GENERAL DIVISION
BETWEEN TRADE PRACTICES COMMISSION Applicant AND QUEENSLAND AGGREGATES PTY. - LIMITED First Respondent AND BRIAN WHITE Second Respondent CORAM: SHEPPARD J. 9 duly, 1981
REASONS FOR JUDGMENT
By his notice of motion in this matter the second respondent seeks orders that the applicant produce for inspection by the second respondent documents which are described as a copy of advice from counsel obtained by Messrs. Forde, Knapp and Marshall, solicitors, referring to the dealings of a Mr. Stewart with the two respondents and the office file of Messrs. Kootsookos and Quinn, solicitors, which file is said to contain a copy of a statement by a Mr. Hardy prepared by the solicitors in
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