Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 7) [2014] FCA 5 Citation: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 7) [2014] FCA 5
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PRYSMIAN CAVI E SISTEMI ENERGIA S.R.L (FORMERLY PIRELLI CAVI A SISTEMI ENERGIA S.P.A) and NEXANS SA RCS PARIS 393 525 852
File number: SAD 145 of 2009
Judge: BESANKO J
Date of judgment: 17 January 2014
Corrigendum: 28 February 2014
Catchwords: PRACTICE AND PROCEDURE – application by second respondent to discharge order requiring it to give standard discovery – where second respondent incorporated in France – whether order to give standard discovery would involve the second respondent in a contravention of French law – French blocking statute – whether discovery could be obtained under the Hague Convention or the UK-France Convention. Held: The second respondent's application dated 30 May 2013 be dismissed.
Legislation: Convention Between the United Kingdom and France respecting Legal Proceedings in Civil and Commercial Matters (2 February 1922) Evidence Act 1995 (Cth) s 174 Federal Court of Australia Act 1976 (Cth) s 23 Federal Court Rules 2011 (Cth) rr 1.32, 20.14, 39 Federal Court Rules 1979 (Cth) O 8 rr 3, 4 French Code of Civil Procedure for commercial and civil matters, art 736 French Code of Criminal Procedure, art 31, 40, 80, 86, 179, 694 French Law No. 68-678 relating to the Communication of Economic, Commercial, Industrial, Financial or Technical Documents to Foreign Individuals or Legal Entities (26 July 1968), arts 1, 1bis, 2, 3 Hague Convention on the Taking of Evidence Abroad in Civil and Commercial Matters (18 March 1970), arts 1, 3, 23 National Crime Authority Act 1984 (Cth) Regulation (EC) No. 1206/2001 of the European Parliament and of the Council of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil and commercial matters Trade Practices Act 1974 (Cth) ss 45(2)(a)(i), (2)(a)(ii), 45(2)(b)(i), (2)(b)(ii) Treaty on the Functioning of the European Union, art 101
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