Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Neurizon Pty Limited v Jupiters Limited [2003] FCA 950 PRACTICE AND PROCEDURE - discovery - patent infringement action - confidentiality claimed for certain documents - disclosure made to the applicant's legal advisors and will be able to be made available to experts on the basis of certain undertakings - whether disclosure should be made to the applicant or any other person associated with the applicant
Cases Harman v Secretary of State for the Home Department (1983) 1 AC 280 Cited Index Group of Companies Pty Ltd v Nolan [2002] FCA 608 Cited
NEURIZON PTY LIMITED v JUPITERS LIMITED, JUPITERS MACHINE GAMING PTY LIMITED, EASTERN SUBURBS LEAGUES CLUB LIMITED, WYNNUM MANLY LEAGUES CLUB LIMITED and QUEENSLAND LIONS SOCCER CLUB
Q44 of 2003
KIEFEL J
9 SEPTEMBER 2003
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q44 OF 2003
BETWEEN: NEURIZON PTY LIMITED
APPLICANT
AND: JUPITERS LIMITED
FIRST RESPONDENT
JUPITERS MACHINE GAMING PTY LIMITED
SECOND RESPONDENT
EASTERN SUBURBS LEAGUES CLUB LIMITED
THIRD RESPONDENT
WYNNUM MANLY LEAGUES CLUB LIMITED
FOURTH RESPONDENT
QUEENSLAND LIONS SOCCER CLUB
FIFTH RESPONDENT
JUDGE: KIEFEL J
DATE OF ORDER: 9 SEPTEMBER 2003
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. Upon oral and written undertakings in the terms of Annexure D to Mr Johnson's affidavit filed 4 September 2003, inspection of the documents numbered 23, 24, 27, 29-31, 34 and 35, (but not 36) in the respondents' list of documents be made available to Mr Steven Johnson; and further upon written undertakings in those terms that each of those documents, together with document 36, be available to the independent expert or experts appointed by the applicant. 2. The documents produced to the Court will be maintained in a sealed envelope which is not to be opened save by order of a Judge. 3. Costs of the motion be the parties' costs in the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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