Flanagan, John & Anor v Commissioner of the Australian Federal Police & Ors Howard, Robert Charles v Commissioner of the Australian Federal Police & Ors Grollo, Bruno v Commissioner of the Australian Federal Police & Ors [1995] FCA 909

Flanagan, John & Anor v Commissioner of the Australian Federal Police & Ors Howard, Robert Charles v Commissioner of the Australian Federal Police & Ors Grollo, Bruno v Commissioner of the Australian Federal Police & Ors [1995] FCA 909

Only paragraph 27 of the document dated 13 June 1993 is relevant and must be produced for inspection; the rest of the document is either irrelevant to the issues or protected by public interest immunity, applying the Peruvian Guano test for discovery.

Jurisdiction
Australia
Judgment Date
15 October 1995
Procedural Posture
Motion for Further Discovery / Ruling on Contested Discovery Application
Outcome
Partial grant of discovery motion
Legal Topics
['discovery' 'public Interest Immunity' 'telecommunications Interception' 'tax Fraud' 'corruption Investigation']
['civil Procedure' 'criminal Law'] ['discovery' 'public Interest Immunity' 'telecommunications Interception' 'tax Fraud' 'corruption Investigation']

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Procedural Posture

Motion for Further Discovery / Ruling on Contested Discovery Application

Legal Issues

  1. 1 ['Whether further discovery should be granted regarding the Australian Federal Police Minute of Operation Poker Enquiry Team dated 13 June 1993' 'Whether undisclosed paragraphs of the document are relevant to issues raised in the amended statement of claim' 'Application of public interest immunity to certain paragraphs']

Ratio Decidendi

Only paragraph 27 of the document dated 13 June 1993 is relevant and must be produced for inspection; the rest of the document is either irrelevant to the issues or protected by public interest immunity, applying the Peruvian Guano test for discovery.

Court Disposition

Partial grant of discovery motion

Orders

  • ['Respondents to produce for inspection by applicants paragraph 27 of the document dated 13 June 1993.' 'Costs of the notice of motion dated 24 October 1995 be reserved.']