Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE - action alleging infringement of "process" patents - arrangements for inspection of and sampling from respondent's process - voluntary admissions provided by respondent as to its process - further discovery and inspection sought as to respondent's process - whether further discovery necessary for fair trial and fair disposition of case in circumstances - significance of inspection and sampling - significance of voluntary admissions - allegations of infringement generally alleged in statement of claim - whether voluntary admissions relate directly to claims in patents in suit - substantial matters remaining in issue - whether discovery necessary under O 15 r 15 Federal Court Rules - orders protecting commercial confidentiality of material of which discovery sought. PRACTICE AND PROCEDURE - discovery and production - masking of documents to protect commercial confidentiality - whether the masking of sections of discovered documents distorted meaning - whether relevant material masked. Federal Court Rules, O 15 rr 3, 5, 8, 11(1), 15 Commonwealth v Northern Land Council (1991) 30 FCR 1, applied WIMMERA INDUSTRIAL MINERALS PTY LTD (ACN 004 302 139) v RGC MINERAL SANDS LIMITED VG 215 OF 1994 MANSFIELD J ADELAIDE (Heard in Melbourne) 30 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
victoria DISTRICT REGISTRY VG 215 of 1994
BETWEEN: wimmera industrial minerals pty ltd
(acn 004 302 139)
Applicant
AND: rgc mineral sands LIMITED
(acn 008 763 666)
Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 30 March 1998
WHERE MADE: ADELAIDE (Heard in Melbourne)
THE COURT ORDERS THAT:
1. On or before 12 May 1998 the respondent make discovery of the following documents:
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