Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited ACN 008 204 635 (No 2) [2008] FCA 924
The application for production of the described documents was refused because the documents were not shown to be relevant to any existing claim for damages (as only an account of profits was claimed for breach of confidence), nor shown to be relevant to determination of issues relating to the clause of the distribution agreement concerned with its termination.
- Jurisdiction
- Australia
- Judgment Date
- 13 June 2008
- Procedural Posture
- Application (discovery Related) in Civil Proceeding / Interlocutory Ruling on Production of Documents
- Outcome
- Application for production of documents refused
- Legal Topics
- ['discovery' 'breach of Confidence']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application (discovery Related) in Civil Proceeding / Interlocutory Ruling on Production of Documents
Legal Issues
- 1 ["Whether an order for production of 'financial and management accounts from 1997 to present' should be made under O 15, r 8 Federal Court Rules"]
Ratio Decidendi
The application for production of the described documents was refused because the documents were not shown to be relevant to any existing claim for damages (as only an account of profits was claimed for breach of confidence), nor shown to be relevant to determination of issues relating to the clause of the distribution agreement concerned with its termination.
Court Disposition
Application for production of documents refused
Orders
- ["No order for production of 'financial and management accounts from 1997 to present' under Order 15 rule 8 of the Federal Court Rules"]
Full Case Text
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