The Decor Corp Pty Ltd v Australian Housewares Pty Ltd & Ors [1998] FCA 1479

FEDERAL COURT OF AUSTRALIA DISCOVERY – Inspection – Confidentiality – Inspection sought by trade rival – Whether inspection to be restricted to legal advisers and independent experts. Warner‑Lambert Co v Glaxo Laboratories Ltd [1975] RPC 354 distinguished Magellan Petroleum Australia Ltd v Sagasco Amadeus Pty Ltd (1993) 25 IPR 455 distinguished Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34 considered Mackay Sugar Co‑operative Association Ltd v CSR Ltd (1996) 137 ALR 183 cited Hadid v Lenfest Communications Inc (1996) 70 FCR 403 cited

THE DECOR CORPORATION PTY LTD (ACN 004 231 109) v AUSTRALIAN HOUSEWARES PTY LTD (ACN 072 364 277), RICHARD GRAHAM INCE and ANDREW EDWARD KINNEAR VG 763 of 1996 [074] SUNDBERG J 26 OCTOBER 1998 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 763 of 1996 [074]

BETWEEN: the decor corporation pty ltd (acn 004 231 109)

Applicant

AND: australian housewares pty ltd (acn 072 364 277)

First Respondent

richard graham ince

Second Respondent

andrew edward kinnear

Third Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 26 OCTOber 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Inspection of the documents referred to in par 2 of the Schedule hereto be carried out in accordance with pars 3 to 13 thereof. 2. The respondents pay the applicants' taxed costs of the motion notice of which was filed on 15 July 1998. 3. There be liberty to apply in relation to the operation of the provisions of the Schedule. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

SCHEDULE

1. This Schedule is substituted for the Order of the Court made on 28 August 1998.

2. The exhibits referred to in affidavits filed or to be filed on behalf of the Applicant and each of the documents discovered or to be discovered by the Applicant and marked as "Confidential" ("the Applicant's Confidential Documents") or "Special Confidential" ("the Applicant's Special Confidential Documents") as the case may be and the exhibits referred to in affidavits filed or to be filed on behalf of the Respondents and each of the documents discovered or to be discovered by the Respondents and marked as "Confidential" ("the Respondent's Confidential Documents") or "Special Confidential" ("the Respondents' Special Confidential Documents"), be subject to the orders in paragraphs 3 to 13 hereof.