Seven Network Limited and Anor v News Limited and Others [2005] FCA 778

FEDERAL COURT OF AUSTRALIA

Seven Network Limited and anor v News Limited and Others [2005] FCA 778

COSTS – Motion for production of discovered documents for which client legal privilege had been claimed – numerous documents produced – Motion discontinued – whether Motion premature – importance of timely and proper discovery in major commercial litigation – reasonableness of action taken. Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 cited Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 referred to One.Tel Ltd & Ors v Commissioner of Taxation (2000) 101 FCR 548 referred to Commonwealth of Australia v Lyon [2004] FCAFC 92, 29 April 2004 referred to Seven Network Limited & Anor v News Limited & Ors [2005] FCA 142 cited Waterford v The Commonwealth of Australia (1987) 163 CLR 54 referred to SEVEN NETWORK LIMITED & ANOR v NEWS LIMITED & ORS N1223 OF 2002 GRAHAM J 10 JUNE 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1223 OF 2002

BETWEEN: SEVEN NETWORK LIMITED and ANOR

APPLICANTS

AND: NEWS LIMITED and OTHERS

RESPONDENTS

JUDGE: GRAHAM J

DATE OF ORDER: 10 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1 I note that no further substantive relief is sought on the Notice of Motion filed 2 May 2005. 2 I order the Sixteenth and Twenty-Second Respondents to pay the Applicants' costs of the Motion. 3 I grant leave to the Applicants to have a bill of costs taxed forthwith. 4 I order that payment of the costs be effected forthwith notwithstanding that the substantive proceedings have not concluded. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.