Fort Dodge Australia Pty Limited v Nature Vet Pty Limited [2002] FCA 501

FEDERAL COURT OF AUSTRALIA

Fort Dodge Australia Pty Limited v Nature Vet Pty Limited [2002] FCA 501

PRACTICE AND PROCEDURE – discovery – production and inspection of documents – privilege – legal professional privilege – alleged waiver – where legal advice at issue – allegations concerning state of mind – state of mind influenced by advice – waiver of privilege Garratt's Ltd v Thanga Thangathurai [2002] NSWSC 93 applied Mann v Carnell (1999) 201 CLR 1 applied Ampolex Ltd v Perpetual Trustee Co (Canberra) Ltd (1995) 37 NSWLR 405 applied Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 85 FCR 152 considered Perpetual Trustees (WA) Ltd v Equuscorp Pty Ltd [1999] FCA 925 referred to Evidence Act 1995 (Cth) s 122 FORT DODGE AUSTRALIA PTY LIMITED v NATURE VET PTY LIMITED & ORS N 1306 OF 2001 HELY J 24 APRIL 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1306 OF 2001

BETWEEN: FORT DODGE AUSTRALIA PTY LIMITED

ACN 000 074 902

APPLICANT

AND: NATURE VET PTY LIMITED

ACN 002 692 426

FIRST RESPONDENT

BIOPROPERTIES (AUSTRALIA) PTY LIMITED

ABN 49 007 303 728

SECOND RESPONDENT

THE MAREKS COMPANY PTY LTD

ACN 076 857 722

THIRD RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 24 APRIL 2002

WHERE MADE: SYDNEY

THE COURT DIRECTS THAT: 1. The solicitor for Nature Vet should file and serve an affidavit: (a) that he or she has inspected the documents in bold in the attached chronology; (b) attaching a copy of those documents in which any material in relation to which there has been a waiver of privilege in terms of this ruling is exposed, but material which remains the subject of legal professional privilege is masked; (c) stating that the masked material does not relate to or bear upon the matters referred to in par 60(a)-(d) of the defence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.