Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2014] FCA 255

FEDERAL COURT OF AUSTRALIA

Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2014] FCA 255 Citation: Nexans SA RCS Paris 393 525 852 v Australian Competition and Consumer Commission [2014] FCA 255

Appeal from: Application for leave to appeal: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia SRL (No 7) [2014] FCA 5

Parties: NEXANS SA RCS PARIS 393 525 852 v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, PRYSMIAN CAVI E SISTEMI ENERGIA SRL (FORMERLY PIRELLI CAVI E SISTEMI ENERGIA SPA) and VISCAS CORPORATION ARBN 133 203 595

File number: SAD 15 of 2014

Judge: WHITE J

Date of judgment: 20 March 2014

Catchwords: PRACTICE AND PROCEDURE – application for permission to appeal interlocutory judgment – interlocutory judgment dismissed application to discharge an order requiring standard discovery – discovery order said to have exposed applicant to conflict between Australian and French law – whether interlocutory judgment attended by sufficient doubt

Legislation: Convention between the United Kingdom and France respecting Legal Proceedings in Civil and Commercial Matters (2 February 1922) 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 Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 r 20.14 Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters (18 March 1970) Arts 1, 3, 23 Trade Practices Act 1974 (Cth) s 45