Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Austral Dutch Kaolin Pty Ltd v Hanjin P&C Co Ltd [2011] FCA 638 Citation: Austral Dutch Kaolin Pty Ltd v Hanjin P&C Co Ltd [2011] FCA 638
Parties: AUSTRAL DUTCH KAOLIN PTY LTD v HANJIN P&C CO LTD
File number(s): QUD 108 of 2009
Judge: GREENWOOD J
Date of judgment: 7 June 2011
Catchwords: EVIDENCE – consideration of the categories of documents to be the subject of discovery – consideration of whether the applicant by pleading a cause of action based upon reliance upon representations said to contravene section 52 of the Trade Practices Act has impliedly waived legal professional privilege in relation to any legal advice relevant to reliance – consideration of categories of documents in relation to a valuation issue
Cases cited: Telstra Corporation Ltd & Anor v B T Australasia Pty Ltd & Anor (1998) 85 FCR 152 - cited Mann v Carnell (1999) 201 CLR 1 - cited Osland v Secretary, Department of Justice (2008) 234 CLR 275 - cited Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission (2002) 213 CLR 543 - cited Baker v Campbell (1983) 153 CLR 52 - cited Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341 - cited DSE (Holdings) Pty Ltd v Intertan Inc and Anor (2003) 127 FCR 499 - cited Australian Agricultural Company Limited v AMP Life Limited [2006] FCA 371 - cited Bennett v Chief Executive Officer, Australian Customs Service (2004) 140 FCR 101 Secretary, Department of Justice v Osland (2007) 95 ALD 380 - cited I&L Securities Pty Ltd v HTW Valuers (Brisbane) Pty Ltd (2002) 210 CLR 109 - cited HTW Valuers (Central Queensland) Pty Ltd v Astonland Pty Ltd (2004) 217 CLR 640 – cited
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