Schütz Australia Pty Ltd v VIP Plastic Packaging Pty Ltd (No 18) [2013] FCA 407

Schütz Australia Pty Ltd v VIP Plastic Packaging Pty Ltd (No 18) [2013] FCA 407

VIP was entitled to access to the redacted materials because the cross-bottled IBC schedules were relied upon as source evidence for Schütz's affidavit evidence, the redacted material was relevant to issues in the proceeding, Schütz had no automatic entitlement to redact for irrelevance, and any litigation privilege was either not established or had been waived by conduct inconsistent with maintaining confidentiality, including open disclosure and reliance on versions or portions of the schedules.

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Interlocutory Application for Production of Unmasked Documents / Interlocutory Application Dated 7 February 2013, Heard 2 April 2013, Judgment and Orders Made 3 May 2013
Outcome
VIP's interlocutory application was granted.
Legal Topics
['litigation Privilege' 'waiver of Privilege' 'redaction of Documents' 'confidentiality' 'production of Documents' 'patent Infringement Claims' 'trade Practices Act 1974 (cth) Claims']
['civil Procedure' 'evidence' 'privilege' 'intellectual Property' 'trade Practices'] ['litigation Privilege' 'waiver of Privilege' 'redaction of Documents' 'confidentiality' 'production of Documents' 'patent Infringement Claims' 'trade Practices Act 1974 (cth) Claims']

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Procedural Posture

Interlocutory Application for Production of Unmasked Documents / Interlocutory Application Dated 7 February 2013, Heard 2 April 2013, Judgment and Orders Made 3 May 2013

Legal Issues

  1. 1 ['Whether litigation privilege attached to redacted portions of cross-bottled IBC schedules.' 'Whether Schütz waived any privilege by disclosing and relying on portions or earlier versions of the schedules.' 'Whether Schütz could withhold redacted portions on grounds of irrelevance or confidentiality.' 'Whether VIP had shown a legitimate forensic purpose and relevance for access to the unmasked schedules.']

Ratio Decidendi

VIP was entitled to access to the redacted materials because the cross-bottled IBC schedules were relied upon as source evidence for Schütz's affidavit evidence, the redacted material was relevant to issues in the proceeding, Schütz had no automatic entitlement to redact for irrelevance, and any litigation privilege was either not established or had been waived by conduct inconsistent with maintaining confidentiality, including open disclosure and reliance on versions or portions of the schedules.

Court Disposition

VIP's interlocutory application was granted.

Orders

  • ["The applicants/cross-respondents serve unmasked copies of the 'Queensland Spreadsheet', the 'Victorian Spreadsheet', and the 'WA Spreadsheet' to the solicitors for the respondents/cross-claimants within 2 days of the order." "The applicants/cross-respondents pay the respondents/cross-claimants' costs of the...