Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Cathay Pacific Airways Limited [2012] FCA 1101 Citation: Australian Competition and Consumer Commission v Cathay Pacific Airways Limited [2012] FCA 1101
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v CATHAY PACIFIC AIRWAYS LIMITED (ARBN 000 479 514)
File number: NSD 363 of 2009
Judge: BUCHANAN J
Date of judgment: 9 October 2012
Catchwords: PRIVILEGE – legal professional privilege – inadvertent disclosure of privileged communications on discovery – whether implied waiver – test to be applied
Legislation: Evidence Act 1995 (Cth) Trade Practices Act 1974 (Cth)
Cases cited: Boensch v Pascoe [2007] FCA 532 CMA Corporation Limited v Rowe (2010) 277 ALR 163; [2010] FCA 1042 Commissioner of Taxation v Rio Tinto Limited (2006) 151 FCR 341 Goldberg v Ng (1995) 185 CLR 83 Mann v Carnell (1999) 201 CLR 1 Meltend Pty Ltd v Restoration Clinics of Australia Pty Ltd (1997) 75 FCR 511
Date of hearing: 21 September 2012; 5, 8 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Applicant: Ms E Collins SC with Ms V Bosnjak
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr A P Coleman SC with Mr C H Withers
Solicitor for the Respondent: DLA Piper Australia
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 363 of 2009
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