Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 45 Citation: Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 45
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v COLES SUPERMARKETS AUSTRALIA PTY LTD (ACN 004 189 708)
File number: VID 475 of 2013
Judge: MORTIMER J
Date of judgment: 11 February 2014
Catchwords: EVIDENCE — Legal professional privilege — documents produced on subpoena included privileged communications between respondent's solicitors and suppliers — whether privilege waived by respondent providing some information in correspondence between parties during negotiation for agreed statement of facts — whether maintenance of claim of privilege inconsistent with disclosure — claim of privilege upheld — no inconsistency found — application to inspect documents refused.
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 ss 18, 29(1)(a), 33 Evidence Act 1995 (Cth) s 191 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Attorney-General (NT) v Maurice (1986) 161 CLR 475 Australian Securities and Investments Commission v Rich [2004] NSWSC 923 AWB Ltd v Cole (No 5) (2006) 155 FCR 30; [2006] FCA 1234 at [163] Commissioner of Taxation v Rio Tinto Ltd (2006) 151 FCR 341; [2006] FCAFC 86 DSE (Holdings) Pty Ltd v Intertan Inc (2003) 127 FCR 499; [2003] FCA 384 Esso Australia Resources Ltd v Federal Commissioner of Taxation (1999) 201 CLR 49; [1999] HCA 67 French v Triple M Melbourne Pty Ltd [2008] VSC 547 General Accident Corporation v Tanter [1984] 1 WLR 100 Great Atlantic Insurance Co v Home Insurance Co [1981] 1 WLR 529 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 New South Wales v Betfair Pty Ltd (2009) 180 FCR 543; [2009] FCAFC 160 Nine Films and Television Pty Ltd v Ninox Television Ltd (2005) 65 IPR 442; [2005] FCA 356 Osland v Secretary, Department of Justice (2008) 234 CLR 275; [2008] HCA 37 QUBE Logistics (Vic) Pty Ltd v Wimmera Container Line Pty Ltd [2013] VSC 695
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