Harbours Corporation of QLD v. Vessey Chemicals Pty Ltd [1986] FCA 292

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QAA

CATCHWORDS

DISCOVERY - public interest privilege - cabinet papers - class claim - documents concerning acceptance of tenders - no special confidentiality - whether privileged.

Habours Corporation of Queensland v. Vessey Chemicals Pty. Limited

\ Qld. G99 of 1985 ' -

PINCUS J. BRISBANE [ 10 JULY 1986

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IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY )

QLD G99 of 1985

GENERAL DIVISION )

BETWEEN: HARBOURS CORPORATION OF QUEENSLAND

Applicant

AND: VESSEY CHEMICALS PTY. LIMITED

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 10 July 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

NOTE:

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It be declared that the documents listed as nos. 1 to 7 in these reasons are not privileged but must be produced for inspection on request subject to:

(a) the filing in this Court of an undertaking by Mr. J.M. Snowdon, the solicitor for the respondent, that he will not let any person (other than

himself) on behalf of the respondent have access to such documents, unless the Court on application made permits wider access;

(b) the sealing of such parts of documents nos. 2 and 4 as are concerned with the taking of legal action,

and not concerned with the calling of tenders.

The operation of order no. 1 be stayed until 24 July, 1986.

The documents mentioned in par.2(c) of the applicant's list of documents be produced for inspection by the respondent's solicitors.

The costs of and incidental to the hearing of Monday, 16 June, 1986 be taxed and paid by the applicant to the respondent, such taxation not to take place until further order or until a general order for costs is made in the proceedings.

Settlement and entry of orders is dealt with in Order 36 ef the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALTA )

QUEENSLAND DISTRICT REGISTRY ) _ QLD G99 of 1985 GENERAL DIVISION )