Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Aristocrat Technologies Australia Pty Ltd (ACN 001 660 715) v Global Gaming Supplies Pty Ltd (ACN 008 548 589) [2006] FCA 1707
PRACTICE AND PROCEDURE – principles to be applied to search orders under O 25B of Federal Court Rules – inspection of documents – interpretation and application of implementation orders – whether categories of objection appropriate Federal Court Rules – O 25B Anton Piller KG v Manufacturing Process Ltd [1976] Ch 55 cited Home Office v Harman [1983] 1 AC 280 cited ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD (ACN 001 660 715), ARISTOCRAT INTERNATIONAL PTY LTD (ACN 000 148 158) AND ARISTOCRAT TECHNOLOGIES INC v GLOBAL GAMING SUPPLIES PTY LTD (ACN 008 548 589) AND ANTHONY EDWARD ANDREWS NSD1271 OF 2006
JACOBSON J
30 NOVEMBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1271 OF 2006
BETWEEN: ARISTOCRAT TECHNOLOGIES AUSTRALIA PTY LTD (ACN 001 660 715)
First Applicant
ARISTOCRAT INTERNATIONAL PTY LTD (ACN 000 148 158)
Second Applicant
ARISTOCRAT TECHNOLOGIES INC
Third Applicant
AND: GLOBAL GAMING SUPPLIES PTY LTD (ACN 008 548 589)
First Respondent
ANTHONY EDWARD ANDREWS
Second Respondent
JUDGE: JACOBSON J
DATE OF ORDER: 30 NOVEMBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Order 16 of the Orders of 7 September 2006 be set aside. THE COURT DIRECTS THAT: 2. By 11 December 2006 the independent solicitor make available for inspection by the applicants' solicitors the Seized Materials (as defined in paragraph 4 of the Orders of 7 September 2006): (a) Including all materials marked "Relevance" and/or "Disputed" in Exh JDC-1 to the affidavit of Jeffrey Denham Chard sworn 30 October 2006; but (b) Excluding the documents under the heading "D. Documents marked as being Disputed" in Exh JDC-1, during business hours at the office of the independent solicitor and provide copies of documents requested by the applicants' solicitors. 3. The time for compliance with Orders 12 and 14 of the Orders of 7 September 2006 be extended to 21 December 2006 and that compliance be effected conformably with the Court's ruling in relation to the Seized Materials. 4. The independent computer experts provide to the applicants' solicitors the Extracted Materials and Digital Photographs (as defined in paragraphs 7 and 9 of the Orders of 7 September 2006) by 22 December 2006. 5. The respondents' pay the applicants' costs of the hearing of 27 November 2006. THE COURT NOTES: 6. The undertaking by the solicitors for the applicants to limit disclosure of the Seized Materials, the Extracted Materials and the Digital Photographs to: (a) the applicants' counsel; and (b) a solicitor employed by the first applicant, being Heather Ann Tropman, upon Ms Tropman filing undertakings in the form of Annexure A, such undertakings given until further order and without admission as to any objections or confidentiality claims made by the respondents. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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