Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited ACN 008 204 635 (No 2) [2008] FCA 924

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

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Procedural Posture

Application (discovery Related) in Civil Proceeding / Interlocutory Ruling on Production of Documents

  1. 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"]