Maritime Union of Australia v Geraldton Port Authority [1999] FCA 174

FEDERAL COURT OF AUSTRALIA

Maritime Union of Australia v Geraldton Port Authority [1999] FCA 174 EVIDENCE – discovery – civil proceedings – claim of public interest privilege – ruling following inspection.

MARITIME UNION OF AUSTRALIA & ORS v GERALDTON PORT AUTHORITY & ORS

WAG 101 OF 1998

R D NICHOLSON J

3 MARCH 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 101 OF 1998

BETWEEN: MARITIME UNION OF AUSTRALIA

First Applicant

PETER WINCH-BUIST, PAUL ARTHUR, CLIVE LAURISTEN, STEVE PENNEY

Second Applicant

AND: GERALDTON PORT AUTHORITY

First Respondent

B E AND SG BROWN NOMINEES PTY LTD (TRADING AS GERALDTON SHIPPING AGENCIES)

Second Respondent

ERIC CHARLTON

Third Respondent

MURRAY CRIDDLE

Fourth Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 3 MARCH 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Paragraph 2 of the applicants' motion dated 15 January 1999 be refused in respect of documents 3 and 6 in the fourth respondent's list of documents. 2. Paragraph 2 of the applicants' motion dated 15 January 1999 be held over in relation to documents 4 and 5 until submissions at trial on the use of "the Expressions" as defined in the reasons herein dated 25 February 1999. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 101 OF 1998

BETWEEN: MARITIME UNION OF AUSTRALIA

First Applicant

PETER WINCH-BUIST, PAUL ARTHUR, CLIVE LAURISTEN, STEVE PENNEY

Second Applicant

AND: GERALDTON PORT AUTHORITY

First Respondent