Allphones Retail Pty Limited v Australian Competition and Consumer Commission [2009] FCA 980

FEDERAL COURT OF AUSTRALIA

Allphones Retail Pty Limited v Australian Competition and Consumer Commission [2009] FCA 980

PRACTICE AND PROCEDURE – preliminary discovery – identity discovery – applicant required to produce documents to the Australian Competition and Consumer Commission by a notice under s 155 of the Trade Practices Act 1974 (Cth) – Commission official disclosed some information obtained from those documents to third persons – whether that disclosure was a breach of s 155AAA(1) of the Trade Practices Act – whether any equitable duty of confidence owed by the Commission and its staff to a person who produces documents to it under compulsion in response to a s 155 notice – whether foreshadowed causes of action and claims for relief have sufficient prospects of success to justify the making of a preliminary discovery order – whether the interests of justice would be served by the making of such an order – application for preliminary discovery order refused Trade Practices Act 1974 (Cth), ss 51AC, 51AD, 52, 59, 155, 155AAA Federal Court of Australia Act 1976 (Cth), s 31A Federal Court Rules, O 15 r 3, O 15A r 6, O 46 r 6

Allphones Retail Pty Ltd v Hoy Mobile Pty Ltd [2009] FCAFC 85 related Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2) (2009) 253 ALR 324 related Byrne v Australian Airlines Ltd (1995) 185 CLR 410 cited Cadbury Schweppes Pty Ltd v Amcor Limited (2008) 246 ALR 137, [2008] ATPR 42-218 cited Commonwealth v John Fairfax & Sons Ltd (1980) 147 CLR 39 cited Darling Island Stevedoring and Lighterage Co Ltd v Long (1957) 97 CLR 36 cited Glencore International AG v Selwyn Mines Ltd (2005) 223 ALR 238 cited Hooper v Kirella Pty Ltd (1999) 96 FCR 1 applied Hoy Mobile Pty Limited v Allphones Retail Pty Ltd (No 2) (2008) ATPR 42-240 cited John Fairfax & Sons Ltd v Cojuangco (1988) 165 CLR 346 followed Lord Ashburton v Pape [1913] 2 Ch 469 cited Monsanto Company v Syngenta Seeds Pty Ltd [2006] FCA 228 referred to Rush v Commissioner of Police (2006) 150 FCR 165 cited Wyeth v Secretary, Department of Health and Ageing (2009) 255 ALR 352 cited