Federal Court of Australia
JUDGMENT No. 00 O27 BS
CATCHWORDS PRACTICE AND PROCEDURE - discovery - relevance of documents recording settlement of related proceedings - adequacy of
pleadings in defining dispute - without prejudice privilege. Field _v Commissioner for Railways for New South Wales (1957) 99 CLR 285.
Mulley v Manifold (1959) 103 CLR 344, Welcome v_R Laboratories (Aust) Pty Ltd (1980) 29 ALR 261.
IBES CORPORATION AND SEAS SAPFOR LTD v
MOMENTUM (AUST) PTY LTD TRANSACCT AUSTRALIA PTY LTD
and LARRY DALLAS
VG 36 of 1993
CORAM: RYAN J
PLACE: MELBOURNE
DATE: 22 DECEMBER 1994
23 DEC 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN_THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) No VG 36 of 1993 ) GENERAL DIVISION )
BETWEEN: IBES CORPORATION and S _E A_S SAPFOR LTD (Applicants) AND: MOMENTUM (AUST) PTY LTD
TRANSACCT AUSTRALIA PTY LTD and LARRY DALLAS
(Respondents)
CORAM: Ryan J PLACE: Melbourne
DATE: 22 December 1994
REASONS FOR _ JUDGMENT RYAN _J: By application filed 19 February 1993 in proceeding numbered VG 36 of 1993 the applicants seek injunctions, orders for delivery up, and damages or alternatively, an account of profits, in respect of what are alleged to be breaches of copyright subsisting in a number of computer programs and associated literature. The present applicants also, on 19 February 1993, commenced proceedings numbered VG 37 of 1993 against different respondents alleging breach of the same copyright works and seeking relief in identical form. The latter proceeding was compromised as between the parties and an issue has arisen as to whether the documents which record negotiations leading up to that compromise and the compromise
itself are discoverable in the present proceeding and, if so,
-~2- whether the applicants can withhold them from inspection on the ground of legal professional privilege. That issue has arisen on a motion, seeking orders that the applicants give specific discovery pursuant to 0.15 r.8 of the Rules of this
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