Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Epic Games, Inc v Apple Inc (Notice to Produce) [2021] FCA 165 File number: NSD 1236 of 2020
Judgment of: PERRAM J
Date of judgment: 2 March 2021
Catchwords: PRACTICE AND PROCEDURE – application to set aside notice to produce documents – whether documents sought relevant – whether notice oppressive
Legislation: Competition and Consumer Act 2010 (Cth) Pt IV Federal Court Rules 2011 (Cth) rr 1.35, 21.01, 21.02
Cases cited: Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] FCAFC 192; 157 FCR 45 Construction, Forestry, Mining and Energy Union (CFMEU) v BHP Coal Pty Ltd (No 3) [2012] FCA 61 Sportsbet Pty Ltd v New South Wales (No 9) [2010] FCA 31 Tony Azzi (Automobiles) v Volvo Car Australia Pty Limited [2006] NSWSC 283
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Number of paragraphs: 13
Date of last submissions: 26 February 2021
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr N Young QC with Mr C Brown, Ms D Forrester and Ms K Sutton
Solicitor for the Applicants: Clifford Chance
Counsel for the Respondents: Mr S J Free SC with Mr C E Bannan and Ms Z M Hillman
Solicitor for the Respondents: Clayton Utz
ORDERS NSD 1236 of 2020
BETWEEN: EPIC GAMES, INC First Applicant
EPIC GAMES INTERNATIONAL S.A.R.L Second Applicant
AND: APPLE INC First Respondent
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