Versace v Monte [2001] FCA 1565

FEDERAL COURT OF AUSTRALIA

Versace v Monte [2001] FCA 1565 EVIDENCE – claim for confidentiality – where a confidentiality order is sought by the applicants against publication in relation to the first respondent's book and certain affidavit evidence of the first respondent – where the allegations and matters in the book the subject of the confidentiality claim are an integral part of the book itself – where it is not feasible to segregate those passages the subject of the confidentiality claim from non-related sections of the book – where some of the affidavit material introduces new highly prejudicial material not in the book – material can be used in cross-examination – intersection between confidentiality and privileged material – whether the forbidding or restricting of the publication or evidence is necessary in order to prevent prejudice to the administration of justice – where relief is sought not only in respect of claimed defamation but also pursuant to the provisions of the Trade Practices Act (1974) (Cth) – public interest

Federal Court of Australia Act 1976 (Cth) s 50 Trade Practices Act (1974) (Cth) John Fairfax & Sons v Police Tribunal (1986) 5 NSWLR 465 considered John Fairfax Group v Local Court of NSW (1991) 26 NSWLR 131 considered

GIANNI VERSACE SPA, SANTO VERSACE, DONATELLA VERSACE v

FRANK MONTE aka FRANCOIS FERDINAND MONTENERI and ARKITUDE HOLDINGS PTY LIMITED N 1184 of 2001 TAMBERLIN J SYDNEY 29 OCTOBER & 1 NOVEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1184 OF 2001

BETWEEN: GIANNI VERSACE SPA

FIRST APPLICANT

SANTO VERSACE

SECOND APPLICANT

DONATELLA VERSACE

THIRD APPLICANT

AND: FRANK MONTE aka FRANCOIS FERDINAND MONTENERI

FIRST RESPONDENT

ARKITUDE HOLDINGS PTY LIMITED