Bureau Interprofessionnel Des Vins De Bourgogne v Red Earth Nominees Pty Ltd (t/as Taltarni Vineyards) [2002] FCA 588

FEDERAL COURT OF AUSTRALIA

Bureau Interprofessionnel Des Vins De Bourgogne v Red Earth Nominees Pty Ltd (t/as Taltarni Vineyards) [2002] FCA 588

BUREAU INTERPROFESSIONNEL DES VINS DE BOURGOGNE, SOCIÉTÉ CIVILE DU DOMAINE DE LA ROMANÉE-CONTI, and INSTITUT NATIONAL DES APPELLATIONS D'ORIGINE

v RED EARTH NOMINEES PTY LTD (trading as TALTARNI VINEYARDS) V 1140 of 2001 RYAN J MELBOURNE 9 MAY 2002

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1140 of 2001

BETWEEN: BUREAU INTERPROFESSIONNEL DES VINS DE BOURGOGNE

First Applicant

SOCIÉTÉ CIVILE DU DOMAINE DE LA ROMANÉE-CONTI

Second Applicant

INSTITUT NATIONAL DES APPELLATIONS D'ORIGINE

Third Applicant

AND: RED EARTH NOMINEES PTY LTD (trading as TALTARNI VINEYARDS)

Respondent

JUDGE: RYAN J

DATE OF ORDER: 9 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion on notice dated 4 February 2002 be dismissed. 2. The costs of all parties of the said motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1140 of 2001

BETWEEN: BUREAU INTERPROFESSIONNEL DES VINS DE BOURGOGNE

First Applicant

SOCIÉTÉ CIVILE DU DOMAINE DE LA ROMANÉE-CONTI

Second Applicant

INSTITUT NATIONAL DES APPELLATIONS D'ORIGINE

Third Applicant

AND: RED EARTH NOMINEES PTY LTD (trading as TALTARNI VINEYARDS)

Respondent

JUDGE: RYAN J

DATE: 9 MAY 2002

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 By motion on notice dated 4 February 2002 the respondent, Red Earth Nominees Pty Ltd ("Red Earth"), seeks, amongst others, the following orders; "1. Pursuant to section 23 of the Federal Court of Australia Act 1976 that (a) Corrs Chambers Westgarth be enjoined or restrained from continuing to act as solicitors for the Applicants in this proceeding; and (b) Corrs Chambers Westgarth be enjoined from: (i) using to the detriment of the Respondent any confidential information of the Respondent; (ii) divulging any confidential information of the Respondent to any person save with the express consent of the Respondent. 2. ... 3. As to the costs of this motion. 4. Such further directions or other orders as the Court may deem appropriate." 2 The basis for Red Earth's motion is that two solicitors respectively acting for each side in this litigation have since joined Corrs Chambers Westgarth ("Corrs"), the solicitors presently acting for the applicants in these proceedings. Red Earth points, in particular, to the fact that Ms Ann Dufty, a solicitor currently engaged as General Counsel at Corrs, in her former capacity as partner and special counsel at Mallesons, Stephen Jacques ("Mallesons") acted for Red Earth at an early stage of the dispute between the parties and when the present proceedings were in contemplation. It is contended that Ms Dufty possesses confidential information belonging to Red Earth and relevant to matters in issue between the parties.