Trade Practices Commission v International Technology Holdings Pty Ltd & Ors [1995] FCA 502

CATCHWORDS PRACTICES AND PROCEDURE - Discovery and inspection of documents - documents comprising communications between the respondents and patent attorneys - whether inadequate claim for legal professional privilege made. Evidence Act 1995 (Cth) - ss 118 and 119 Patents Act 1952 (Cth) - s 55 Patents Act 1990 (Cth) - s 200(2) Wundowie Foundry Pty. Ltd. v Milson Foundry Pty Ltd (1993) 44 FCR 474 Followed Trade Practices Commission v International Technology Holdings Pty. Ltd. & Ors. QG 74 of 1994 Drummond J Brisbane 10 July, 1995

IN THE FEDERAL COURT OF AUSTRALIA) No. QG 74 of 1994 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: TRADE PRACTICES COMMISSION Applicant AND: INTERNATIONAL TECHNOLOGY HOLDINGS PTY. LTD. (ACN 054 128 666) First Respondent AND: EUROPARK INTERNATIONAL PTY. LTD. (ACN 062 455 556) Second Respondent AND: AUSTRALIAN TECHNOLOGIES PTY. LTD. (ACN 054 711 081) Third Respondent AND: GARTH WILLIAM EATON Fourth Respondent AND: WILHELMINA FRANCISCA EATON Fifth Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 10 July, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The applicant's application for access to the documents described in Part 4 of the respondents' verified list of documents is dismissed, save for: (a) the patent attorneys' letter and enclosures of 21 July, 1994 in File 18; (b) the patent attorneys' letter and enclosures of 15 September, 1994, the Patents Office letter of 22 September, 1994 and the first part of the patent attorneys' letter of 26 September, 1994 in File 41; and (c) all documents in File A, other than those marked A-K. 2. The matter be adjourned for further direction to 11 a.m. on 4 August, 1995. 3. The respondents pay the applicant's costs of and incidental to the hearing on 7 July, 1995 and today. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.