Australian Competition and Consumer Commission v Pratt (No 4) [2009] FCA 416

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Pratt (No 4) [2009] FCA 416

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v RICHARD PRATT

VID 443 of 2008

RYAN J

24 APRIL 2009

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 443 of 2008

BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Prosecutor

AND: RICHARD PRATT

Defendant

JUDGE: RYAN J

DATE OF ORDER: 24 APRIL 2009

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Leave be granted to the Defendant to make available to Visy Board Pty Limited (ACN 005 787 913), Visy Industries Holdings Pty Ltd (ACN 005 787 968) and Visy Industries Australia Pty Ltd (ACN 004 337 615) ("the Visy Corporate Respondents"), to Cadbury Pty Ltd ("Cadbury") and to Amcor Ltd and Amcor Packaging (Australia) Pty Limited ("Amcor") the documents specified in Confidential Exhibit LZ-7 to the affidavit of Leon Zwier sworn on 23 April 2009 ("the Harman Documents") for the sole purpose of use by those parties in Federal Court of Australia proceeding VID 1377 of 2006 ("the Cadbury Proceeding"). 2. The operation of paragraph 1 of this Order be stayed until 1 May 2009 or further order in respect of the draft statements of evidence of Peter James Brown described at pages 8, 9 and 10 of the said Confidential Exhibit LZ-7 and the letters from Peter James Brown respectively dated 25 November 2004 and 11 November 2005 described at page 10 of the said Confidential Exhibit L-7. 3. Orders 1 and 2 are made on the provisos that: (a) to the extent that any of the Harman Documents are subject to claims by any person other than the Defendant for legal professional privilege which has not otherwise been waived, this Order is not to be taken as having been based on a waiver of any legal professional privilege subsisting in those documents; and (b) to the extent that any of the Harman Documents are subject to a claim by the Defendant for legal professional privilege, this Order is not to be taken as having been made on the basis of any waiver of any legal professional privilege subsisting in those documents. 4. Cadbury and Amcor pay the Defendant's costs of complying with paragraph 1 of this Order by the provision of documents to Cadbury and Amcor respectively. 5. Otherwise the costs of all parties of and incidental to the motion on notice dated 24 April 2009 be costs in the cause in the Cadbury Proceeding. 6. A copy of this Order be served on Peter James Brown by 5.00 pm on 28 April 2009. 7. Liberty be reserved to any party, person or entity affected by this Order to apply on not less than 48 hours notice in writing to each party, person or entity affected by such application. 8. Time for service of the said motion on notice be abridged to the extent necessary to enable the motion to be heard this day and service of the notice of motion on Peter James Brown be dispensed with.