Doulle Pty Limited v Clarins S.A. (A company incorporated in France) [2014] NSWSC 1450

Supreme Court New South Wales

Medium Neutral Citation: Doulle Pty Limited v Clarins S.A. (A company incorporated in France) [2014] NSWSC 1450 Hearing dates: 20 October 2014 Decision date: 20 October 2014 Jurisdiction: Equity Division - Commercial List Before: Bergin CJ in Eq Decision: 1. The Motion is dismissed. 2. The defendants/applicants are to pay the respondents' costs of the Motion. Catchwords: PRACTICE AND PROCEDURE - application for the Court to appoint a commissioner for discovery of information in France and request that the French Ministry of Justice approve that appointment - application of the Hague Convention on the Taking of Evidence in Civil or Commercial Matters and the French Blocking Statute - where consensual timetable for imminent expedited hearing - where defendants had already produced affidavits - where the description of the documents to be disclosed did not comply with French disclosure requirements Legislation Cited: Loi n° 68-678 du 26 juillet 1968 relative à la communication de documents et renseignements d'ordre économique, commercial, industriel, financier ou technique à des personnes physiques ou morales étrangères The Convention of 18 March 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters Cases Cited: Australian Competition and Consumer Commission v Prysmian Cavi E Sistemi Energia SRL (No 7) [2014] FCA 5 Christopher Morris v Banque Arabe et Internationale d'Investissement S.A [2001] I.L. Pr 37 Category: Interlocutory applications Parties: Doulle Pty Ltd (1st Plaintiff) Pradin Pty Ltd (2nd Plaintiff) Michel-Henri Carriol (3rd Plaintiff) Julie-Anne Carriol (4th Plaintiff) Clarins S.A (1st Defendant) Clarins B.V (2nd Defendant) Home Services Limited (3rd Defendant) Trimex Pty Ltd (4th Defendant) Representation: Counsel: AS Bell SC/DFC Thomas (Plaintiffs) O Fagir (1st and 2nd Defendants) Solicitors: Atanaskovic Hartnell (Plaintiffs) McCullough Robertson Lawyers (1st and 2nd Defendants) File Number(s): 2014/181663 Publication restriction: Nil