Jarrama Pty Ltd v Caltex Australia Petroleum Pty Ltd [2004] FCA 144

FEDERAL COURT OF AUSTRALIA Jarrama Pty Ltd v Caltex Australia Petroleum Pty Ltd [2004] FCA 144 PRACTICE AND PROCEDURE - Pt IVA representative action – confidentiality claimed in certain documents – disclosure to be made available to applicants' legal advisors and independent experts on the basis of agreed undertakings - whether disclosure should be made to a person nominated as an expert who had a pre‑existing relationship with the applicants. Federal Court of Australia Act 1976 (Cth) Pt IVA FGT Custodians Pty Ltd (Formerly Feingold Partners Pty Ltd) v Fagennblat [2003] VSCA 33 referred to The "Ikarian Reefer" [1993] FSR 563 referred to Neurizon Pty Ltd v Jupiters Limited [2003] FCA 950 referred to Warner-Lambert Co. v Glaxo Laboratories Ltd. [1975] RPC 354 referred to Ex parte Fielder Gillespie Limited [1984] 2 Qd R 339 referred to JARRAMA PTY LTD v CALTEX AUSTRALIA PETROLEUM PTY LTD V 3 OF 2004 CRENNAN J 27 FEBRUARY 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V3 OF 2004

BETWEEN: JARRAMA PTY LTD (ACN 006 409 856)

FIRST APPLICANT

LUPEVO PTY LTD (ACN 001 932 976)

SECOND APPLICANT AND: CALTEX AUSTRALIA PETROLEUM PTY LTD (ACN 000 032 128)

FIRST RESPONDENT

CALTEX AUSTRALIA LTD (ACN 004 201 307)

SECOND RESPONDENT JUDGE: CRENNAN J

DATE OF ORDER: 27 FEBRUARY 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application for a nominated person, Mr Karafili, to have access to confidential documents is dismissed. 2. One-quarter of the costs of the motion are to be the costs of the successful parties in the cause and the applicants are to pay three-quarters of the respondents' costs of the motion.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.