Australian Competition & Consumer Commission v FFE Building Services Ltd [2003] FCA 1181

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v FFE Building Services Limited [2003] FCA 1181

PRACTICE AND PROCEDURE – Discovery of documents – Claim of legal professional privilege – Agreement by ACCC to extend leniency to certain respondents in return for co-operation, including by provision of witness statements and affidavits – Whether draft witness statements and draft affidavits privileged – Distinction between documents supplied before and after commencement of legal action – Relevance of communication being to or from a lawyer – Claim of without prejudice privilege in relation to documents concerned with settlement of a procedural dispute – Obligation of ACCC to produce documents pursuant to s 157 of Trade Practices Act 1974 (Cth) – Application of that section to privileged documents – Discretion of Court. Trade Practices Act 1974 (Cth) s 157 Arnotts Limited v Trade Practices Commission (No 1) (1990) 21 FCR 297 discussed and applied. Trade Practices Commission v Sterling (1979) FLR 244 applied. Rush & Tompkins Ltd v Greater London Council [1989] 1 AC 1280 applied. AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v FFE BUILDING SERVICES LIMITED (formerly Chubb Building Services Ltd) (formerly James Hardie Building Services P/L) t/as Fire Fighting Enterprises, TYCO AUSTRALIA PTY LIMITED (formerly Wormald Australia Pty Ltd) t/as Wormald Fire Systems, PREMIER FIRE PROTECTION (NSW) PTY LTD, METROPOLITAN FIRE SYSTEMS PTY LTD, ALLEN EDWARD SMITH, COLIN SIMPSON, VITO FODERA, JAMES BELL, ALLAN CARR, MITCHELL GRICE and BILL LAWSON N 509 of 2002 WILCOX J 27 OCTOBER 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 509 of 2002

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

APPLICANT

AND: FFE BUILDING SERVICES LIMITED (formerly Chubb Building Services Ltd) (formerly James Hardie Building Services P/L) t/as Fire Fighting Enterprises