Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited (ACN 008 204 635) (No 5) [2008] FCA 1979 EVIDENCE – loss of client legal privilege under s 126 of the Evidence Act 1995 (Cth) – document reasonably necessary to enable a proper understanding of other documents put in evidence PLEADING – application for leave to amend reply – amendment not necessary for the pleadings properly to reflect the conduct of the trial – further cross-examination inappropriate in the circumstances – amendment sought would cause undue prejudice to the respondent Evidence Act 1995 (Cth) ss 119, 126 Federal Court Rules O 13 r 2 Trade Practices Act 1974 (Cth) ss 52, 87
Towney v Minister for Land and Water Conservation (NSW) (1997) 76 FCR 401 applied Lactos Fresh Pty Ltd v Finishing Services Pty Ltd [2006] FCA 219 cited Leotta v Public Transport Commission (NSW) (1976) 9 ALR 437 cited AUSTRALIAN MEDIC-CARE COMPANY LTD (A COMPANY INCORPORATED IN HONG KONG) v HAMILTON PHARMACEUTICAL PTY LIMITED (ACN 008 204 635); HAMILTON PHARMACEUTICAL PTY LIMITED v AUSTRALIAN MEDIC-CARE COMPANY LTD (A COMPANY INCORPORATED IN HONG KONG) and KENNETH KIN WAH KEUNG
No SAD 17 of 2007
FINN J
19 DECEMBER 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 17 of 2007
BETWEEN: AUSTRALIAN MEDIC-CARE COMPANY LTD (A COMPANY INCORPORATED IN HONG KONG)
Applicant/First Cross-Respondent
AND: HAMILTON PHARMACEUTICAL PTY LIMITED (ACN 008 204 635)
Respondent/Cross-Claimant
KENNETH KIN WAH KEUNG
Second Cross-Respondent
JUDGE: FINN J
DATE OF ORDER: 19 DECEMBER 2008
WHERE MADE: ADELAIDE
THE COURT RULES THAT:
1. Client legal privilege has been lost in relation to Hamilton's lawyers' email request to Lo & Lo. THE COURT ORDERS THAT: 1. The applicant's application for leave to amend their reply is refused, save in relation to the proposed para 11.20.2 which amendment was not opposed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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