Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seven Network Limited v News Limited [2005] FCA 142
PRACTICE AND PROCEDURE – discovery – legal professional privilege – documents prepared by in-house counsel – claims of privilege withdrawn in respect of majority of documents – two affidavits of verification withdrawn after requests made to cross-examine deponents – remaining affidavit inadequate to sustain claims of privilege – no careful and reasonable evaluation of list of documents prior to swearing affidavit – appropriate for court to inspect documents COSTS – indemnity costs
Federal Court Rules O 15 r 9
Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49 cited Telstra Corp Ltd v Australis Media Holdings (unreported, Supreme Ct of New South Wales, Equity Division, McLelland CJ, 18 March 1997) cited Southern Equities Corporation Ltd (In liquidation) v Arthur Andersen & Co (No 6) [2001] SASC 398 discussed Balabel v Air India (1988) 1 Ch 317 discussed DSE (Holdings) Pty Ltd v InterTAN Inc [2003] 135 FCR 151 discussed Three Rivers District Council v Governor and Company of the Bank of England [2004] UKHL 48 discussed Latoudis v Casey (1990) 170 CLR 534 cited Ohn v Waltob (1995) 36 NSWLR 77 cited De Alwis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 77 cited SEVEN NETWORK LIMITED (ACN 052 816 789) & ANOR v NEWS LIMITED (ACN 007 871 178) & ORS N1223 OF 2002 TAMBERLIN J SYDNEY 28 FEBRUARY 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1223 OF 2002
BETWEEN: SEVEN NETWORK LIMITED & ANOR
ACN 052 816 789
APPLICANTS
AND: NEWS LIMITED & ORS
ACN 007 871 178
RESPONDENTS
JUDGE: TAMBERLIN J
DATE OF ORDER: 28 FEBRUARY 2005
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