Farrell, Scott William & Anor (who as infants sue by their next friend Sittampalam, Leanne Margaret) v Rothmans Superannuation Pty Ltd & Anor [1998] FCA 1618

FEDERAL COURT OF AUSTRALIA PRACTICE & PROCEDURE – discovery and inspection – documents containing sensitive material imparted in confidence – grounds for limiting inspection to legal representatives. Federal Court Rules, O 15 rr 1, 3, 11, 14, 15 Karger v Paul [1984] VR 161 referred to D v NSPCC [1978] AC 171 referred to Nestle Australia Ltd v Federal Commissioner of Taxation (1986) 67 ALR 128 referred to Australian Broadcasting Commission v Parish (1980) 29 ALR 228 referred to Mackay Sugar Co-operative Association Ltd v CSR Limited (1996) 137 ALR 183 referred to Adelaide Steamship Co Ltd v Spalvins (1998) 152 ALR 418 applied Harman v Secretary of State for the Home Department [1983] 1 AC 280 referred to

SCOTT WILLIAM FARRELL & ANOR (who as infants sue by their next friend

LEANNE MARGARET SITTAMPALAM) v ROTHMANS SUPERANNUATION PTY LTD (ACN 065 001 514) & ANOR WEINBERG J MELBOURNE 2 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 400 of 1998

BETWEEN: SCOTT WILLIAM FARRELL

First Applicant

GAVIN WAYNE FARRELL

Second Applicant

(who as infants sue by their next friend

LEANNE MARGARET SITTAMPALAM)

AND: ROTHMANS SUPERANNUATION PTY LTD

(ACN 065 001 514)

(who is sued in its capacity as Trustee for

RHL Australia Superannuation Fund)

First Respondent

SHERRIE WILLIS

Second Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 2 December 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The first and second respondents produce for inspection by the applicants' next friend, Leanne Margaret Sittampalam, certain documents discovered by them. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.