Qantas Airways Limited v Rolls-Royce PLC (No 2)[2011] FCA 50

FEDERAL COURT OF AUSTRALIA

Qantas Airways Limited v Rolls-Royce PLC (No 2)[2011] FCA 50 Citation: Qantas Airways Limited v Rolls-Royce PLC (No 2)

Parties: QANTAS AIRWAYS LIMITED ABN 16 009 661 901 v ROLLS-ROYCE PLC

File number: NSD 1681 of 2010

Judge: RARES J

Date of judgment: 2 February 2011

Date of hearing: 2 February 2011

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 7

Counsel for the Applicant: AS Bell SC and M Izzo

Solicitor for the Applicant: Minter Ellison

Counsel for the Applicant on the Motion: JAC Potts

Solicitor for the Applicant on the Motion: Clayton Utz

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1681 of 2010

BETWEEN: QANTAS AIRWAYS LIMITED ABN 16 009 661 901

Applicant

AND: ROLLS-ROYCE PLC

Respondent

JUDGE: RARES J DATE OF ORDER: 2 FEBRUARY 2011 WHERE MADE: SYDNEY

THE COURT ORDERS THAT UNTIL FURTHER ORDER:

1. Pursuant to s 50 of the Federal Court of Australia Act 1976 parts of exhibit "BRN1" to the affidavit of Beverley Newbold sworn on 2 December 2010 be confidential in accordance with Order 1 made on 16 December 2010 and Order 1 made on 23 December 2010 and access thereto be restricted to the parties and their legal advisors. 2. Pursuant to s 50 of the Federal Court of Australia Act 1976 and further and in addition to the orders made on 16 December 2010 and 23 December 2010 the following additional parts of exhibit "BRN1" to the affidavit of Beverley Newbold sworn on 2 December 2010 be confidential, and access thereto be restricted to the parties and their legal advisors: (a) as regards tab 14 (A380 Purchase Agreement): (i) each date in Clause 4.1, with the exception of the references to the year 2006 where it appears; (b) as regards tab 16 (Letter Agreement 11); (i) Section 2.2 from the words in the third and fourth lines "delivery of the A380-800 Aircraft" to the end of the third paragraph. 3. In accordance with orders 1 and 2 above, on or before 4pm on 4 February 2011 Airbus provide (after consultation with the Applicant's legal representatives) a redacted copy of the documents behind tabs 13 to 16 inclusive in Exhibit "BRN1" to the affidavit of Beverley Newbold sworn on 2 December 2010 to be made available for inspection at the Registry. 4. The operation of orders 5 and 6 made on 23 December 2010 be varied to the extent that Airbus shall modify the redacted version of the affidavit of Gregory John Williams sworn on 22 December 2010 and filed in the Registry on 7 January 2011 by removing the redactions to paragraphs 28 and 56 and a copy of the affidavit so modified shall be made available for inspection at the Registry in accordance with order 6 below. 5. Pursuant to section 50 of the Federal Court of Australia Act 1976 the following parts of the affidavit of Gregory John Williams sworn on 31 January 2011 be confidential and access thereto be restricted to the parties and their legal advisors: (a) Paragraph 9 - third and fourth sentences; (b) Paragraph 10 - entire paragraph; (c) Paragraph 13 - second and third sentences; and (d) Paragraph 15 - second sentence the two words after the word "addressing" to before the word "and". 6. On or before 4pm on 4 February 2011 Airbus provide a redacted version of the Affidavits of Gregory John Williams sworn on 22 December 2010 and 31 January 2011 (the redacted versions of which are to be marked as Exhibits "AB1" and "AB2" to Airbus' Notice of Motion dated 22 December 2010) to be made available for inspection at the Registry. 7. The parties and Airbus have liberty to apply on 72 hours notice. THE COURT ORDERS THAT: 8. The proceedings be stood over to 9 February 2011 at 9:30 am. 9. Order 2 made on 23 December be extended up to and including 3 February 2011. 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 Federal Law Search on the Court's website.