S.P.I. Spirits (Cyprus) Ltd v Diageo Australia Ltd (No. 3) [2006] FCA 938

S.P.I. Spirits (Cyprus) Ltd v Diageo Australia Ltd (No. 3) [2006] FCA 938

The bases upon which FKP and Diageo opposed the motion are substantive and well-founded. Granting wider access at this stage would give the applicants an unfair head start in the discovery process, which as an exercise in case management, would be unfair. Therefore, the motion to vacate the orders should be dismissed with costs.

Parties
First Applicant: S.P.I. Spirits (Cyprus) Limited; Second Applicant and First Cross Respondent: Spirits International N.V.; First Respondent and Second Cross Respondent: Diageo Australia Limited; Second Respondent and First Cross Claimant: Federal Treasury Enterprise (FKP) Sojuzplodoimport; Second Cross Claimant: State Federal Unitary Enterprise External Economic Union Sojuzplodoimport (FGUP) (VO)
Jurisdiction
Australia
Judgment Date
25 July 2006
Procedural Posture
Motion on Notice / Post Interlocutory Orders, Seeking to Vacate Confidentiality and Access Orders
Outcome
Motion dismissed with costs.
Legal Topics
Discovery, Confidentiality of Documents, Case Management
Civil Procedure Discovery Confidentiality of Documents Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

S.P.I. Spirits (Cyprus) Limited

First Applicant

Spirits International N.V.

Second Applicant and First Cross Respondent

Diageo Australia Limited

First Respondent and Second Cross Respondent

Federal Treasury Enterprise (FKP) Sojuzplodoimport

Second Respondent and First Cross Claimant

State Federal Unitary Enterprise External Economic Union Sojuzplodoimport (FGUP) (VO)

Second Cross Claimant

Procedural Posture

Motion on Notice / Post Interlocutory Orders, Seeking to Vacate Confidentiality and Access Orders

Legal Issues

  1. 1 Whether the existing confidentiality and access orders regarding certain documents should be vacated
  2. 2 Whether wider access to documents should be granted to the applicants

Ratio Decidendi

The bases upon which FKP and Diageo opposed the motion are substantive and well-founded. Granting wider access at this stage would give the applicants an unfair head start in the discovery process, which as an exercise in case management, would be unfair. Therefore, the motion to vacate the orders should be dismissed with costs.

Court Disposition

Motion dismissed with costs.

Orders

  • The applicant's motion, notice of which was filed on 19 April 2006, be dismissed with costs.