Australian Competition and Consumer Commission v The Daniels Corporation International Pty Ltd [2001] FCA 244

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v The Daniels Corporation International Pty Ltd [2001] FCA 244 TRADE PRACTICES – Enforcement – Notice by Australian Competition and Consumer Commission requiring provision of information or documents – Whether common law legal professional privilege applies. Trade Practices Act 1974, s 155 Pyneboard Proprietary Limited v Trade Practices Commission (1983) 152 CLR 328 applied Baker v Campbell (1983) 153 CLR 52 discussed Corporate Affairs Commission of New South Wales v Yuill (1991) 172 CLR 319 referred to AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v THE DANIELS CORPORATION INTERNATIONAL PTY LTD, MEERKIN & APEL (a firm) N922 of 2001 WILCOX, MOORE and LINDGREN JJ 16 MARCH 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N992 of 2001

REFERRED BY THE CHIEF JUSTICE FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: THE DANIELS CORPORATION INTERNATIONAL PTY LTD

FIRST RESPONDENT

MEERKIN & APEL (a firm)

SECOND RESPONDENT

JUDGE: WILCOX, MOORE and LINDGREN JJ

DATE OF ORDER: 16 MARCH 2001

WHERE MADE: SYDNEY

THE COURT ORDERS AND DECLARES THAT: 1. The second respondent is not entitled to refuse to comply with either of the notices issued to that respondent on 14 September 1999 by the applicant on the ground of legal professional privilege. 2. The costs of determining the said preliminary issue be paid by the first respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N992 of 2001

REFERRED BY THE CHIEF JUSTICE FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA