Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited (ACN 008 204 635) (No 3) [2008] FCA 976

Australian Medic-Care Company Ltd v Hamilton Pharmaceutical Pty Limited (ACN 008 204 635) (No 3) [2008] FCA 976

Applicant and Second Cross-Respondent are obliged to discover and produce documents (including witness statements and documents from Hong Kong proceedings) notwithstanding implied undertakings, and must discover legal advice relevant to contract rectification and extension of time claims, but not unrelated advice or entire solicitor files.

Jurisdiction
Australia
Judgment Date
24 June 2008
Procedural Posture
Application for Further and Better Discovery and Production / Interlocutory Ruling on Notice of Motion
Outcome
Application for further and better discovery largely allowed; orders made for discovery and production of specified categories of documents; costs awarded to respondent.
Legal Topics
['discovery Obligations' 'legal Professional Privilege' 'waiver of Privilege' 'implied Undertaking (harman Rule)' 'extension of Time (limitations)' 'rectification of Contract' 'trade Mark Registration']
['practice and Procedure' 'contract Law'] ['discovery Obligations' 'legal Professional Privilege' 'waiver of Privilege' 'implied Undertaking (harman Rule)' 'extension of Time (limitations)' 'rectification of Contract' 'trade Mark Registration']

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Procedural Posture

Application for Further and Better Discovery and Production / Interlocutory Ruling on Notice of Motion

Legal Issues

  1. 1 ['Whether the applicant is obliged to discover and produce documents filed in or related to Hong Kong proceedings, including witness statements' 'Whether discovery obligations in this jurisdiction override implied undertaking from Hong Kong proceedings' 'Legal professional privilege and waiver upon filing documents in other proceedings' 'Relevance of legal advice and trade mark attorney files to pleaded issues in the proceeding']

Ratio Decidendi

Applicant and Second Cross-Respondent are obliged to discover and produce documents (including witness statements and documents from Hong Kong proceedings) notwithstanding implied undertakings, and must discover legal advice relevant to contract rectification and extension of time claims, but not unrelated advice or entire solicitor files.

Court Disposition

Application for further and better discovery largely allowed; orders made for discovery and production of specified categories of documents; costs awarded to respondent.

Orders

  • ['Abridgement of time for service of Notice of Motion.' 'Applicant/First Cross-Respondent and Second Cross-Respondent to discover and produce by specified dates: witness statements, documents discovered by defendants in Hong Kong proceedings, legal advice relating to Distribution Agreement and extension of time,...