Application by Isentia Pty Limited [2021] ACopyT 1

The documents sought are relevant to material questions in issue regarding the comparability of licence agreements and are not protected by 'without prejudice' privilege in the present circumstances. Even if privilege were arguable, relevance and fairness require production. Commercial sensitivity may be addressed via protocol.

Jurisdiction: Australia
Judgment Date: 09 February 2021
Procedural Posture: Application / Interlocutory (objections to Summonses)
Outcome: Each challenge to each summons is dismissed.
Legal Topics: ['production of Documents' 'without Prejudice Privilege' 'comparable Bargaining' 'commercial Sensitivity']

['copyright'] ['production of Documents' 'without Prejudice Privilege' 'comparable Bargaining' 'commercial Sensitivity']

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Procedural Posture

Application / Interlocutory (objections to Summonses)

Legal Issues

1 ["Whether documents sought by summonses are subject to 'without prejudice' privilege and can be withheld from production" 'Whether releases and arrangements in related settlements affect comparability of licence agreements']

Ratio Decidendi

Court Disposition

Each challenge to each summons is dismissed.

Orders

['Each challenge to each summons the subject of the applications before the Tribunal on 4 February 2021 is dismissed.' 'Documents to be produced, subject to protocol regarding access if necessary.']