Australian Mud Company Pty Ltd v Coretell Pty Ltd [2014] FCA 200

FEDERAL COURT OF AUSTRALIA

Australian Mud Company Pty Ltd v Coretell Pty Ltd [2014] FCA 200 Citation: Australian Mud Company Pty Ltd v Coretell Pty Ltd [2014] FCA 200

Parties: AUSTRALIAN MUD COMPANY PTY LTD (ACN 009 283 416) and REFLEX INSTRUMENTS ASIA PACIFIC PTY LTD (ACN 124 204 191) v CORETELL PTY LTD (ACN 119 188 493), MINCREST HOLDINGS PTY LTD T/A CAMTEQ INSTRUMENTS (ACN 068 672 471), NICKY KLEYN and KLEYN INVESTMENTS PTY LTD T/A CAMTEQ INTERNATIONAL SERVICES (ACN 118 967 687); CORETELL PTY LTD (ACN 119 188 493) v AUSTRALIAN MUD COMPANY PTY LTD (ACN 009 283 416) and REFLEX INSTRUMENTS ASIA PACIFIC PTY LTD (ACN 124 204 191)

File number: NSD 2082 of 2011

Judge: NICHOLAS J

Date of judgment: 13 March 2014

Catchwords: PRIVILEGE – admissibility of evidence – patent attorney/client privilege – relationship to legal advice privilege – scope of advice privilege – waiver – admissibility of evidence of communications between patent attorney and client – where discovery and inspection given of documents recording such communications – where no claim for patent attorney/client privilege made in respect of such documents – whether such documents privileged from production – whether production of such documents voluntary – whether other evidence of communications between patent attorney and client privileged and therefore inadmissible by reason of s 200 of the Patents Act 1990 (Cth) and s 118 of the Evidence Act 1995 (Cth) – whether such privilege waived by voluntary disclosure of related documents – scope of waiver PATENTS – patent attorney/client privilege – relationship to legal advice privilege – scope of advice privilege