Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd (No 2) [2011] FCA 1057 Citation: Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd (No 2) [2011] FCA 1057
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v AUSTRALIAN LENDING CENTRE PTY LTD, SYDNEY LENDING CENTRE PTY LTD, AMR INVESTMENTS PTY LTD and CHRISTOPHER JOHN RIOTTO
File number: NSD 606 of 2010
Judge: PERRAM J
Date of judgment: 12 September 2011
Catchwords: PRACTICE AND PROCEDURE – Privilege – application for production of documents disclosed on discovery over which claim for legal professional privilege made – confidentiality – dominant purpose for which documents created
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) s 127 Evidence Act 1995 (Cth) ss 117, 118, 119, 131A Evidence Act 1995 (NSW) ss 117, 118, 119, 131A Evidence Act 2008 (VIC) Evidence Amendment (Journalists' Privilege) Act 2007 (Cth) Evidence Amendment Act 2007 (NSW)
Cases cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1998) 81 FCR 526 cited Australian Competition and Consumer Commission v Cadbury Schweppes Pty Ltd (2009) 174 FCR 547 cited Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2005] FCA 503 cited Australian Competition and Consumer Commission v Visy Industries Holdings Pty Ltd (No.2) (2007) 239 ALR 762 cited Barnes v Federal Commissioner of Taxation (2007) 242 ALR 601 cited Buzzle Operations Pty Ltd v Apple Computer Australia Pty Ltd (2009) 74 NSWLR 469 cited Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 cited Johns v Australian Securities Commission (1993) 178 CLR 408 cited Kennedy v Wallace (2004) 142 FCR 185 cited Microsoft Corporation v Fan [2003] FCA 1026 cited Mitsubishi Electric Australia Pty Ltd v Workcover Authority (Vic) (2002) 4 VR 332 cited Ritz Hotel Ltd v Charles of the Ritz Ltd (No.22) (1988) 14 NSWLR 132 cited State of New South Wales v Jackson [2007] NSWCA 279 cited Trade Practices Commission v Sterling (1979) 36 FLR 244 cited Visy Industries Holdings Pty Ltd v Australian Competition and Consumer Commission (2007) 161 FCR 122 cited
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