Seven Network Limited v News Limited [2005] FCA 914

Seven Network Limited v News Limited [2005] FCA 914

Because the affidavits verifying discovery had not been read by the Optus Respondents, the normal procedure for notices to attend for cross-examination did not apply; no subpoena had been issued and no application was made to deal with evidence under s 38 of the Evidence Act 1995 (Cth). The proper course for challenging the privilege claims was to seek production of the documents. The applicants could not obtain an order compelling Mr Salier's attendance for cross-examination on a motion effectively seeking fresh discovery.

Jurisdiction
Australia
Judgment Date
01 July 2005
Procedural Posture
Notice of Motion in Federal Court Proceedings Concerning Discovery and Claims of Privilege / Application for an Order Compelling Mr Stuart Salier to Attend for Cross Examination Upon Affidavits of Discovery
Outcome
Application dismissed.
Legal Topics
['discovery' 'further Discovery' 'legal Professional Privilege' 'cross Examination on Affidavits of Discovery' 'production of Documents']
['civil Procedure' 'evidence'] ['discovery' 'further Discovery' 'legal Professional Privilege' 'cross Examination on Affidavits of Discovery' 'production of Documents']

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Procedural Posture

Notice of Motion in Federal Court Proceedings Concerning Discovery and Claims of Privilege / Application for an Order Compelling Mr Stuart Salier to Attend for Cross Examination Upon Affidavits of Discovery

Legal Issues

  1. 1 ['Whether Mr Stuart Salier should be compelled to attend for cross-examination upon affidavits verifying lists of discovered documents.' "Whether the applicants' challenge to the Optus Respondents' discovery and privilege claims should proceed by compelling cross-examination or by seeking production of documents."]

Ratio Decidendi

Because the affidavits verifying discovery had not been read by the Optus Respondents, the normal procedure for notices to attend for cross-examination did not apply; no subpoena had been issued and no application was made to deal with evidence under s 38 of the Evidence Act 1995 (Cth). The proper course for challenging the privilege claims was to seek production of the documents. The applicants could not obtain an order compelling Mr Salier's attendance for cross-examination on a motion effectively seeking fresh discovery.

Court Disposition

Application dismissed.

Orders

  • ['The application for an order that Mr. Stuart Salier be compelled to attend for cross-examination upon his affidavits of discovery be dismissed.']