Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 6) [2019] FCA 337

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 6) [2019] FCA 337

The cross-claimants impliedly waived privilege in respect of entire documents by disclosing and relying upon partially redacted versions, where the redacted portions did not cover separate subject-matter. This inconsistency required production of unredacted versions. A suppression order was not warranted, as no necessity to prevent prejudice to the proper administration of justice was established.

Jurisdiction
Australia
Judgment Date
07 March 2019
Procedural Posture
Interlocutory Application / Application for Production of Documents and Suppression Order
Outcome
Application substantially granted in favour of applicant; interim suppression order discharged; cross-claimants to pay costs.
Legal Topics
['legal Professional Privilege' 'implied Waiver' 'suppression Order' 'trade Marks' 'discovery']
['intellectual Property'] ['legal Professional Privilege' 'implied Waiver' 'suppression Order' 'trade Marks' 'discovery']

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Procedural Posture

Interlocutory Application / Application for Production of Documents and Suppression Order

Legal Issues

  1. 1 ['Whether cross-claimants waived legal professional privilege by partial disclosure' 'Whether unredacted documents must be produced' 'Whether suppression/non-publication order is necessary']

Ratio Decidendi

The cross-claimants impliedly waived privilege in respect of entire documents by disclosing and relying upon partially redacted versions, where the redacted portions did not cover separate subject-matter. This inconsistency required production of unredacted versions. A suppression order was not warranted, as no necessity to prevent prejudice to the proper administration of justice was established.

Court Disposition

Application substantially granted in favour of applicant; interim suppression order discharged; cross-claimants to pay costs.

Orders

  • ['Cross-Claimants produce specified unredacted documents to Cross-Respondent forthwith.' 'Retention of redactions in certain parts of Annexure M permitted.' 'Interim confidentiality/suppression order discharged.' 'Cross-Claimants pay costs of the interlocutory application.']