Australian Competition and Consumer Commission v Visy Industries Holdings Pty Ltd (No 2) [2007] FCA 444

Australian Competition and Consumer Commission v Visy Industries Holdings Pty Ltd (No 2) [2007] FCA 444

By 15 December 2004, litigation was reasonably anticipated by the ACCC, and the documents in question were created for the dominant purpose of litigation or obtaining legal advice. Documents related to immunity arrangements are not discoverable as they relate only to credit. Certain paragraphs in the respondents' amended defence are irrelevant and struck out.

Jurisdiction
Australia
Judgment Date
29 March 2007
Procedural Posture
Civil / Interlocutory Application; Orders on Privilege and Pleadings
Outcome
Applicant successful in resisting discovery; certain amended defence paragraphs struck out; respondents' motions dismissed.
Legal Topics
['legal Professional Privilege' 'discovery' 'cartel Conduct' 'leniency Policy' 'striking Out Pleadings']
['competition Law' 'civil Procedure' 'evidence'] ['legal Professional Privilege' 'discovery' 'cartel Conduct' 'leniency Policy' 'striking Out Pleadings']

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Procedural Posture

Civil / Interlocutory Application; Orders on Privilege and Pleadings

Legal Issues

  1. 1 ['Whether litigation was reasonably anticipated by the ACCC as at 15 December 2004 for the purposes of legal professional privilege' 'Whether documents were created for the dominant purpose of litigation and are entitled to privilege' 'Whether documents concerning grant of immunity are discoverable' 'Whether particulars and amended pleadings should be struck out']

Ratio Decidendi

By 15 December 2004, litigation was reasonably anticipated by the ACCC, and the documents in question were created for the dominant purpose of litigation or obtaining legal advice. Documents related to immunity arrangements are not discoverable as they relate only to credit. Certain paragraphs in the respondents' amended defence are irrelevant and struck out.

Court Disposition

Applicant successful in resisting discovery; certain amended defence paragraphs struck out; respondents' motions dismissed.

Orders

  • ["The first to fifth respondents' motions dated 5 December 2006 and 1 February 2007 are dismissed with costs." "Subparagraphs (aa) to (ad) of paragraph 222 of the first to fifth respondents' amended defence filed 8 January 2007 are struck out." 'The first to fifth respondents file and serve further and better...