Corrs Pavey Whiting & Byrne v. Collector of Customs for Victoria [1987] FCA 433

Corrs Pavey Whiting & Byrne v. Collector of Customs for Victoria [1987] FCA 433

Section 45(1) of the Freedom of Information Act 1982 exempts documents from disclosure only where their disclosure would be actionable as a breach of confidence at general law. There is no broad public interest defence, but information as to the likely commission of a civil wrong of public importance may lack the necessary quality of confidence and thus may not be protected. In the present circumstances, the Administrative Appeals Tribunal should have considered whether the documents in question truly contained such information and whether such disclosure would be actionable in equity, taking into account doctrines of unclean hands or the absence of the necessary quality of confidence....

Parties
Applicant: Corrs Pavey Whiting & Byrne; First Respondent: Collector of Customs for the State of Victoria; Second Respondent: Alphapharm Pty. Ltd.
Jurisdiction
Australia
Judgment Date
13 August 1987
Procedural Posture
Appeal / On Appeal From the Administrative Appeals Tribunal; Judgment at Federal Court
Outcome
Appeal dismissed with costs (majority); Judgment of Gummow J (dissenting) would have allowed the appeal and remitted the matter to the Tribunal for reconsideration.
Legal Topics
Freedom of Information, Breach of Confidence, Exempt Documents, Statutory Interpretation
Administrative Law Freedom of Information Breach of Confidence Exempt Documents Statutory Interpretation

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Parties

Corrs Pavey Whiting & Byrne

Applicant

Collector of Customs for the State of Victoria

First Respondent

Alphapharm Pty. Ltd.

Second Respondent

Procedural Posture

Appeal / On Appeal From the Administrative Appeals Tribunal; Judgment at Federal Court

Legal Issues

  1. 1 Whether documents sought under the Freedom of Information Act 1982 to obtain evidence of an alleged infringement of patent were exempt documents within the meaning of section 45(1) of that Act;
  2. 2 Proper construction of section 45(1)—whether it imports only actionable breaches of confidence at general law or encompasses a wider class;
  3. 3 Whether considerations of public interest or 'just cause' affect the scope of the exemption under section 45(1);

Ratio Decidendi

Section 45(1) of the Freedom of Information Act 1982 exempts documents from disclosure only where their disclosure would be actionable as a breach of confidence at general law. There is no broad public interest defence, but information as to the likely commission of a civil wrong of public importance may lack the necessary quality of confidence and thus may not be protected. In the present circumstances, the Administrative Appeals Tribunal should have considered whether the documents in question truly contained such information and whether such disclosure would be actionable in equity, taking into account doctrines of unclean hands or the absence of the necessary quality of confidence....

Court Disposition

Appeal dismissed with costs (majority); Judgment of Gummow J (dissenting) would have allowed the appeal and remitted the matter to the Tribunal for reconsideration.

Orders

  • The appeal be dismissed with costs.