Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Food Improvers Pty Ltd v BGR Corporation Pty Ltd (No 2) [2006] FCA 1394
PROCEDURE – courts and judges generally – courts – proceedings in open court or in camera – exception to general rule – interests of justice – application to close the Court during cross-examination of witness in relation to medical condition – where witness involved in tobacco industry related litigation as key witness or 'whistleblower' – whether likely doctrine from participation in tobacco related litigation if confidential medical records disclosed – where some parts of evidence already revealed in open court - s 17(4) and s 50 of the Federal Court of Australia Act 1976 (Cth) Held – application to close the Court refused
Federal Court of Australia Act 1976 (Cth) s 17(4), s 50
Australian Broadcasting Commission v Parish (1980) 29 ALR 228applied Dickason v Dickason (1913) 17 CLR 50 cited Herald and Weekly Times Ltd v Williams (2003) 130 FCR 435followed John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351cited John Fairfax and Sons Limited v Police Tribunal of New South Wales (1986) 5 NSWLR 465cited R v Hamilton (1930) SR NSW 277 followed Scott v Scott [1913] AC 417 applied The Food Improvers Pty Ltd v BGR Corporation Pty Ltd [2006] FCA 1238referred to The Queen v Tait (1979) 46 FLR 386cited THE FOOD IMPROVERS PTY LTD AND ANOR v BGR CORPORATION PTY LTD AND ORS NSD 1140 OF 2005
RARES J
10 OCTOBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1140 OF 2005
BETWEEN: THE FOOD IMPROVERS PTY LTD (ACN 003 474 280)
First Plaintiff
JOHN STEPHEN BAX
Second Plaintiff AND: BGR CORPORATION PTY LTD (ACN 059 820 807)
First Defendant
THE TRIAD HEALTH PRODUCTS GROUP OF COMPANIES PTY LTD (ACN 002 688 897)
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