Australian Competition and Consumer Commission v Air New Zealand Limited (No 4) [2012] FCA 1439

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Air New Zealand Limited (No 4) [2012] FCA 1439 Citation: Australian Competition and Consumer Commission v Air New Zealand Limited (No 4) [2012] FCA 1439

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AIR NEW ZEALAND LIMITED (ARBN 000 312 685) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P.T. GARUDA INDONESIA LTD (ARBN 000 861 165)

File numbers: NSD 534 of 2010 NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 18 December 2012

Catchwords: PRACTICE AND PROCEDURE – Suppression order – application by third parties for orders under former s 50 of the Federal Court of Australia Act 1976 (Cth) for the suppression of documents obtained by the applicant through compulsory processes – whether former s 50 allows a 'balancing' of competing factors – whether documents sufficiently commercially sensitive and current – whether orders should be made

Legislation: Access to Justice (Federal Jurisdiction) Amendment Act 2012 (Cth) s 2, sch 2 (cll 4, 5, 12(1)) Competition and Consumer Act 2010 (Cth) s 155 Federal Court of Australia Act 1976 (Cth) s 50(1), pt VAA Trade Practices Act 1974 (Cth) s 155

Cases cited: Australian Broadcasting Corporation v Parish (1980) 43 FLR 129; [1980] FCA 33 cited Australian Competition and Consumer Commission v Air New Zealand Limited (No 3) [2012] FCA 1430 cited Australian Competition and Consumer Commission v MSY Technology Pty Ltd (No 2) (2011) 279 ALR 609; [2011] FCA 382 cited Australian Competition and Consumer Commission v Qantas Airways Limited [2008] FCA 1976 cited Australian Competition and Consumer Commission v Singapore Airlines Cargo Pte Ltd [2012] FCA 1395 cited Cyclopet Pty Ltd v Australian Nuclear Science and Technology Organisation [2012] FCA 1326 applied Hogan v Australian Crime Commission (2010) 240 CLR 651 applied