Trade Practices Commission v Ampol Petroleum (Victoria) P/L & Ors [1994] FCA 1065

JUDGMENT No. LOSS It

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIAN DISTRICT REGISTRY ) VG 294 of 1994 ) )

GENERAL DIVISION

On appeal trom a single judge of the Federal Court of Australia

BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: AMPOL PETROLEUM (VICTORIA) PTY

LIMITED and OTHERS

Respondent

Coram: Davies, Burchett & O'Loughlin JJ. Date : 2 December 1994 Place: Sydney (heard in Melbourne)

18 JAN 1995

FEDERAL COURT OF

AUSTRALIA PRINCIPAL REGISTRY

COR

Amendment to the Reasons for Judgment delivered on 2 December 1994:

Delete orders 1 and 2 in the Minutes of Order. The only order ot the Court should read:

"1, The appeal be dismissed with costs."

Associate to Justice Davies 16 January 1995

TecvA ~pel

CATCHWORD

EVIDENCE - legal professional privilege - applicability of doctrine to copy of

transcript of an examination conducted by the Trade Practices Commission which was to be submitted to the Australian Government Solicitor - whether an element of

confidential communication is present - whether copy of transcript given to examinee

is confidential.

TRADE PRACTICES - Trade Practices Commission - power to obtain evidence - legal character of examinations by statutory authorities - whether examinee bound by an equitable duty of confidentiality.

Trade Practices Act 1974 (Cth) - s.155

ttormey- of t rthern Territory v Maurice (1986) 161 CLR 475

Ritz Hotel Ltd v Charles of the Ritz Limited [No 22] (1988) 14 NSWLR 132 Grant v. Downs (1976) 135 CLR 674

Trade Practices Commission v Sterling (1979) 36 FLR 244 Pyneboard Pty Ltd v Trade Practices Commission (1983) 152 CLR 328 Baker v Evans (1987) 77 ALR 565

e Cumbeline Pty Limited v Effem Foods Pty Limited (unreported, Federal Court, Tamberlin J, 14 November 1994)