Murex Diagnostics Australia Pty Ltd v Chiron Corporation & Anor [1995] FCA 961

CATCHWORDS

PRACTICE AND PROCEDURE - discovery - whether an order for particular discovery can be made in respect of a document or class of document "relating to any matter in question in the proceeding" where the document or class of document does not relate to "any matter in question between [the party requiring discovery] and the party giving the notice of discovery" - discussion of relevant authority in England and New South Wales. Rules of Federal Court of Australia, Order 15 rules 1, 5 and 8 Murex Diagnostics Australia Pty Limited v Chiron Corporation (1995) 55 FCR 194 Cory v Cory [1923] 1 Ch 90 Spokes v The Grosvenor and West End Railway Terminus Hotel Company, Limited [1897] 2 QB 124 Cojuanco v Routley [1983] 1 NSWLR 723 Mulley v Manifold (1959) 103 CLR 341 Unilever Plc v Chefaro Proprietaries Ltd [1994] FSR 135 MUREX DIAGNOSTICS AUSTRALIA PTY LIMITED v CHIRON CORPORATION & ANOR NG 106 of 1994 Burchett J. Sydney 28 November 1995

IN THE FEDERAL COURT OF AUSTRALIA) ) NEW SOUTH WALES DISTRICT REGISTRY) NG 106 of 1994 ) GENERAL DIVISION )

BETWEEN: MUREX DIAGNOSTICS AUSTRALIA PTY LIMITED Applicant AND: CHIRON CORPORATION First Respondent AND: ORTHO DIAGNOSTIC SYSTEMS, INC Second Respondent

AND BETWEEN: CHIRON CORPORATION Cross-Claimant AND: MUREX DIAGNOSTICS AUSTRALIA PTY LIMITED First Cross-Respondent AND: MUREX DIAGNOSTICS LIMITED Second Cross-Respondent

CORAM: Burchett J. PLACE: Sydney DATE : 28 November 1995

ORDER OF THE COURT THE COURT ORDERS THAT the applicant for discovery bring in, on a date to be fixed, short minutes of an order appropriate to be made in the light of the reasons of the Court. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.