Lloyds Ships Holdings Pty Ltd & Anor v Davros Pty Ltd & Ors [1986] FCA 156

Lloyds Ships Holdings Pty Ltd & Anor v Davros Pty Ltd & Ors [1986] FCA 156

Section 94(5) of the Australian Trade Commission Act 1985 creates a statutory immunity that applies to the Commission for the purpose of production of documents or disclosure of information referred to in section 94(2), regardless of the absence of explicit reference to the Commission itself. The Commission is therefore not required to produce the subpoenaed documents to the court.

Jurisdiction
Australia
Judgment Date
18 April 1986
Procedural Posture
Practice and Procedure / Ruling on Objection to Subpoena for Production (interlocutory)
Outcome
Objection upheld; immunity from production applies.
Legal Topics
['subpoena for Production' 'statutory Immunity From Production' 'secrecy Provisions']
['practice and Procedure' 'statutory Interpretation'] ['subpoena for Production' 'statutory Immunity From Production' 'secrecy Provisions']

Case Brief

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Procedural Posture

Practice and Procedure / Ruling on Objection to Subpoena for Production (interlocutory)

Legal Issues

  1. 1 ['Whether the Australian Trade Commission is immune from producing documents under a subpoena by operation of statutory secrecy provisions in the Australian Trade Commission Act 1985']

Ratio Decidendi

Section 94(5) of the Australian Trade Commission Act 1985 creates a statutory immunity that applies to the Commission for the purpose of production of documents or disclosure of information referred to in section 94(2), regardless of the absence of explicit reference to the Commission itself. The Commission is therefore not required to produce the subpoenaed documents to the court.

Court Disposition

Objection upheld; immunity from production applies.

Orders

  • ['The Australian Trade Commission is immune from producing the documents referred to in the subpoena.' "The applicants are to pay the Australian Trade Commission's costs of the hearing."]