Murex Diagnostics Australia Pty Ltd v Chiron Pty Ltd & Anor Chiron Corp v Murex Diagnostics Australia Pty Ltd & Ors [1996] FCA 782

Murex Diagnostics Australia Pty Ltd v Chiron Pty Ltd & Anor Chiron Corp v Murex Diagnostics Australia Pty Ltd & Ors [1996] FCA 782

The issue of apprehended bias raised by Murex, in reference to the involvement of Dr Brenner as a scientific adviser in the English proceedings, cannot be struck out as hopeless without a hearing; the relevance of the documents and the applicability of the Australian test for apprehended bias should be considered on a full hearing of the evidence. Therefore, the notice to produce is to be enforced.

Jurisdiction
Australia
Judgment Date
21 August 1996
Procedural Posture
Motion / Interlocutory Application to Set Aside Notice to Produce
Outcome
Motion to set aside notice to produce dismissed.
Legal Topics
['apprehended Bias' 'notice to Produce' 'expert Adviser' 'relevance of Documents']
['practice and Procedure'] ['apprehended Bias' 'notice to Produce' 'expert Adviser' 'relevance of Documents']

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Procedural Posture

Motion / Interlocutory Application to Set Aside Notice to Produce

Legal Issues

  1. 1 ['Whether documents concerning the relationship between Chiron and Dr Brenner are relevant to the issue of apprehended bias in past English proceedings relied upon in the present case.' 'Whether the Australian principle of apprehended bias can justify impugning a foreign judgment for the purposes of this case.']

Ratio Decidendi

The issue of apprehended bias raised by Murex, in reference to the involvement of Dr Brenner as a scientific adviser in the English proceedings, cannot be struck out as hopeless without a hearing; the relevance of the documents and the applicability of the Australian test for apprehended bias should be considered on a full hearing of the evidence. Therefore, the notice to produce is to be enforced.

Court Disposition

Motion to set aside notice to produce dismissed.

Orders

  • ['Notice to produce to be answered.']