Federal Court of Australia
CATCHWORDS
Administrative Law —- whether documents sought under the Freedom of
Information Act 1982, to obtain evidence of an alleged
infringement of patent, were exempt documents within the meaning
of s.45(1).
Administrative Appeals Tribunal Act 1975 s.44
Freedom of Information Act 1982 ss. 15, 43, 45.
CORRS PAVEY WHITING & BYRNE v. COLLECTOR OF CUSTOMS FOR THE
STATE OF VICTORIA and ALPHAPHARM PTY.~LTD.
VG 6 of 1987 Ye
Sweeney, Jenkinson & Gummow JJ.
Melbourne
13 August, 1987
14 AUG 1987
FEBERAL cou Ly AUSTRALIA. oF PRingd Oa, Se A
a,
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No. VG 6 of 1987
GENERAL DIVISION
On Appeal from the Administrative Appeals Tribunal
BETWEEN: CORRS PAVEY WHITING & BYRNE Applicant AND : COLLECTOR OF CUSTOMS FOR THE
STATE OF VICTORIA First Respondent AND : ALPHAPHARM PTY. LTD. Second Respondent
THE COURT: Sweeney, Jenkinson & Gummow JJ
PLACE : Melbourne
DATE : 13 August, 1987
MINUTES OF ORDER
THE COURT ORDERS THAT:
Note:
the appeal be dismissed with costs.
Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 6 of 1987
GENERAL DIVISION
On Appeal from the Administrative Appeals Tribunal
BETWEEN: CORRS PAVEY WHITING & BYRNE Applicant AND : COLLECTOR OF CUSTOMS FOR THE
STATE OF VICTORIA First Respondent AND : ALPHAPHARM PTY. LTD. Second Respondent
THE COURT: Sweeney, Jenkinson & Gummow JJ
PLACE Melbourne
DATE
13 August, 1987
REASONS FOR JUDGMENT
Sweeney, J.
In this case I have had the advantage of reading the reasons for judgment of Gummow, J. and of Jenkinson, J., in that order. The history of the matter, and the questions which arise in it,
are fully set out in the former.
Section 45(1) of the Freedom of Information Act 1982
provides: "(1) A document is an exempt document if its
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