Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Yazaki Corporation [2014] FCA 1316 Citation: Australian Competition and Consumer Commission v Yazaki Corporation [2014] FCA 1316
Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v YAZAKI CORPORATION and AUSTRALIAN ARROW PTY LTD ACN 071 956 057
File number: SAD 321 of 2012
Judge: BESANKO J
Date of judgment: 17 November 2014
Catchwords: PRACTICE AND PROCEDURE – discovery – application for production of discovered documents subject to claims of legal professional privilege – litigation privilege – when litigation reasonably contemplated – relevant test for determining when litigation reasonably contemplated – whether documents created for the dominant purpose of use in, or in relation to, litigation. Held: Application dismissed.
Legislation: Competition and Consumer Act 2010 (Cth) ss 44ZZRK, 45 Competition Policy Reform (Victoria) Act 1995 (Vic) s 6 Trade Practices Act 1974 (Cth) s 155
Cases cited: Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1998) 81 FCR 526 Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 2) [2012] FCA 44 Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd and Others (No 2) (2011) 283 ALR 299 Barnes and Another v Commissioner of Taxation (Cth) (2007) 242 ALR 601 Cataldi v Commissioner for Government Transport [1969] 1 NSWR 561 Ensham Resources Pty Ltd v AIOI Insurance Company Ltd and Others (2012) 209 FCR 1 Esso Australia Resources Limited v Commissioner of Taxation of the Commonwealth of Australia (1999) 201 CLR 49 Feuerheerd v London General Omnibus Company, Limited [1918] 2 KB 565 Grant v Downs (1976) 135 CLR 674 Mitsubishi Electric Australia Pty Ltd v Victorian WorkCover Authority (2002) 4 VR 332 Rilstone v BP Australia Pty Ltd [2007] FCA 1557 Visy Industries Holdings Pty Ltd and Others v Australian Competition and Consumer Commission (2007) 161 FCR 122
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