Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Trading Post Australia Pty Limited [2008] FCA 1298
PRACTICE AND PROCEDURE – production of documents under s 157 of the Trade Practices Act 1974 (Cth) – relationship with principles of legal professional privilege – whether Court should exercise discretion under s 157(3) to refuse to order production. Held: it should – application for production dismissed. PRACTICE AND PROCEDURE – leave to amend pleadings and file Second Further Amended Statement of Claim – whether amendments are necessary to identify real questions in dispute, avoid multiplicity of proceedings, and reflect ongoing developments in respondent's conduct. Held: they are – leave to amend granted.
Federal Court of Australia Act 1976 (Cth) s 22 Trade Practices Act 1974 (Cth) ss 52, 53(d), 85(3), 157
Federal Court Rules O 13 r 2, O 13 r 9
Arnotts Limited v Trade Practices Commission (No 1) (1989) 21 FCR 297 considered Australian Competition & Consumer Commission v FFE Building Services Limited (2003) ATPR 41-967 considered Queensland v J L Holdings Pty Limited (1997) 189 CLR 146 considered Rush & Tompkins Ltd v Greater London County Council [1989] 1 AC 1280 considered AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v TRADING POST AUSTRALIA PTY LIMITED (ACN 001 821 156) and GOOGLE INC.
NSD1323 OF 2007
TAMBERLIN J
21 AUGUST 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1323 OF 2007
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
Applicant
AND: TRADING POST AUSTRALIA PTY LIMITED (ACN 001 821 156)
First Respondent
GOOGLE INC.
Second Respondent
JUDGE: TAMBERLIN J DATE OF ORDER: 21 AUGUST 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application by the second respondent for further discovery of documents by the applicant is dismissed with costs. 2. The application by the applicant for leave to amend and file a Second Further Amended Statement of Claim is granted. 3. The applicant is to pay any costs thrown away as a consequence of the proposed amendments referred to in Order 2 above. 4. The costs of the application to amend are reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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