Courtney v Medtel Pty Limited [2001] FCA 949

FEDERAL COURT OF AUSTRALIA

Courtney v Medtel Pty Limited [2001] FCA 949

DISCOVERY – Representative Proceedings – Confidential documents – Application to restrict use of discovered documents. Federal Court of Australia Act 1976 (Cth), ss 33X and 33ZB(b). Trade Practices Act 1974 (Cth), ss 74B, 75AD, 52 and 82.

Esso Australia Resources Ltd v Plowman (1995) 183 CLR 10, cited. Allstate Life Insurance Co v Australian and New Zealand Banking Group Ltd (1995) 57 FCR 360, cited. Church of Scientology of California v Department of Health and Social Security [1979] 1 WLR 723, cited. Bray on Discovery (1885) KEVIN GLYNN COURTNEY in a representative capacity on behalf of all persons in whom St Jude Tempo Pacemakers were surgically implanted in Australia v MEDTEL PTY LIMITED N 661 of 2000 SACKVILLE J SYDNEY 20 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 661 OF 2000

BETWEEN: KEVIN GLYNN COURTNEY in a representative capacity on behalf of all persons in whom St Jude Tempo Pacemakers were surgically implanted in Australia

APPLICANT

AND: MEDTEL PTY LIMITED

FIRST RESPONDENT

ST JUDE MEDICAL, INC, a Minnesota corporation with its principal place of business at One Lillehei Plaza, City of St Paul, County of Ramsey, State of Minnesota.

SECOND RESPONDENT

PACESETTER INC, a Delaware corporation with its principal place of business 15900 Valley View Court, Sylmar, California

THIRD RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 20 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

2. The respondents pay the applicant's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.