Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Specsavers Pty Ltd v The Optical Superstore Pty Ltd [2010] FCA 151 Citation: Specsavers Pty Ltd v The Optical Superstore Pty Ltd [2010] FCA 151
Parties: SPECSAVERS PTY LTD (ACN 097 147 932) v THE OPTICAL SUPERSTORE PTY LTD (ACN 095 737 894)
File number(s): NSD 119 of 2010
Judges: KATZMANN J
Date of judgment: 22 February 2010
Catchwords: PRACTICE AND PROCEDURE – confidentiality –principles affecting prohibition of publication of evidence relating to a witness under s 50 of the Federal Court of Australia Act –excluding principal from knowledge of agents – onus of proof - overarching purpose of the Federal Court of Australia Act
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 50 Civil Procedure Act 2005 (NSW) s 72
Cases cited: Australian Broadcasting Commission v Parish (1980) 29 ALR 228 Hogan v Australian Crime Commission (2009) FCAFC 71 Luxottica Retail Australia v Specsavers [2010] NSWSC 54 Warner-Lambert Co v Glaxo Laboratories Limited [1975] RPC 354
Date of hearing: 22 February 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 57
Counsel for the Applicant: D Studdy SC
Solicitor for the Applicant: Minter Ellison
Counsel for the Respondent: M O'Bryan
Solicitor for the Respondent: Maddocks
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 119 of 2010
BETWEEN: SPECSAVERS PTY LTD (ACN 097 147 932)
Applicant
AND: THE OPTICAL SUPERSTORE PTY LTD (ACN 095 737 894)
Respondent
JUDGE: KATZMANN J
DATE OF ORDER: 22 FEBRUARY 2010
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