Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 10) [2015] FCA 763

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 10) [2015] FCA 763 Citation: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia S.R.L. (No 10) [2015] FCA 763

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v PRYSMIAN CAVI E SISTEMI ENERGIA S.R.L. (FORMERLY PIRELLI CAVI E 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: 23 July 2015

Date of published reasons: 24 July 2015

Catchwords: PRACTICE AND PROCEDURE – application by the second respondent to tender a letter from its solicitors to a senior employee regarding its discovery obligations – application by the applicant for an order that the second respondent discover and produce all communications between the second respondent and its solicitors regarding the scope of its discovery obligations – whether privilege had been waived over all the material associated with the letter – whether there would be an inconsistency between the tender of the letter and maintenance of privilege over the associated material. Held: Privilege waived over associated material.

Legislation: Evidence Act 1995 (Cth) s 136 Federal Court Rules 2011 (Cth) r 20.14

Cases cited: Attorney-General (NT) v Maurice (1986) 161 CLR 475 AWB Ltd v Cole and Another (No. 5) (2006) 155 FCR 30; [2006] FCA 1234 British American Tobacco Australia Services Ltd v Cowell (2002) 7 VR 524 Fulham Leisure v Nicholson Graham & Jones [2006] All ER 599 Mann v Carnell (1999) 201 CLR 1 Nea Karteria Maritime Co Ltd v Atlantic & Great Lakes Steamship Corporation [No 2] [1981] Com LR 138