Hadid, Albert v Lenfest Communications Inc & Ors [1996] FCA 945

CATCHWORDS

PRACTICE AND PROCEDURE - documents produced by respondents in response to notice to produce - documents subject to consent orders restricting access to legal representatives and experts of applicant on undertakings being given as to confidentiality - whether orders should be varied to allow applicant access - whether s50 of the Federal Court Act authorises the making of such an order or whether s23 of tht Act applies - whether documents confidential as claimed - whether applicant a competitor or likely competitor of respondents as claimed. Federal Court of Australia Act 1976; ss23 and 50. Australian Broadcasting Commission v Parish (1980) 29 ALR 228; discussed. Russell v Russell (1976) 134 CLR 495; referred to. MacKay Sugar Co-operative Association Limited v CSR Limited (unreported, Spender J, 23 February 1996); referred to. Harman v Home Office [1983] 2 AC 280; referred to. Mulley v Manifold (1950) 103 CLR 341; referred to. Independent Cement & Lime Pty Ltd v Australian Cement Ltd (unreported, Gray J, 27 October 1988); discussed and applied. SRD v Australian Securities Commission (1994) 123 ALR 730; referred to. Mobil Oil Australia v Guina Developments Pty Ltd (1995) 33 IPR 82; discussed and applied. E. V. Australian Red Cross Society (1991) 27 FCR 310; referred to. VX96A v Insurance and Superannuation Commissioner (unreported, Merkel J, 30 September 1996); referred to. ALBERT HADID v LENFEST COMMUNICATIONS INC & ORS

No NG 36 of 1995 HILL J SYDNEY 4 NOVEMBER 1996

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 36 of 1995 ) GENERAL DIVISION ) BETWEEN: ALBERT HADID Applicant AND: LENFEST COMMUNICATIONS INC First Respondent H.F. LENFEST also known as GERRY LENFEST Second Respondent BAIN CAPITAL MARKETS LIMITED Third Respondent WAYNE BURT Fourth Respondent AUSTRALIS MEDIA LIMITED Fifth Respondent RODNEY PRICE Sixth Respondent AND: LENFEST COMMUNICATIONS INC Cross-Claimant ALBERT HADID Cross-Respondent