SmithKline Beecham plc v Alphapharm Pty Ltd [2001] FCA 1898

SmithKline Beecham plc v Alphapharm Pty Ltd [2001] FCA 1898

No practical advantage would be gained by varying the pre-action discovery orders because the relevant information is protected by legal professional privilege and is not intended to be used in the English proceedings; the philosophy of pre-action discovery militates against widening the use of such material for extraneous purposes.

Parties
Applicant: SmithKline Beecham plc; Applicant: Beecham Group plc; Applicant: SmithKline Beecham (Australia) Pty Limited; Respondent: Alphapharm Pty Ltd; Respondent: University of Queensland
Jurisdiction
Australia
Judgment Date
21 December 2001
Procedural Posture
Motion to Vary Pre Action Discovery Orders / Post Pre Action Discovery, Interlocutory Motion
Outcome
Motion dismissed
Legal Topics
Pre Action Discovery, Confidentiality Orders, Foreign Proceedings, Legal Professional Privilege
Practice and Procedure Pre Action Discovery Confidentiality Orders Foreign Proceedings Legal Professional Privilege

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Parties

SmithKline Beecham plc

Applicant

Beecham Group plc

Applicant

SmithKline Beecham (Australia) Pty Limited

Applicant

Alphapharm Pty Ltd

Respondent

University of Queensland

Respondent

Procedural Posture

Motion to Vary Pre Action Discovery Orders / Post Pre Action Discovery, Interlocutory Motion

Legal Issues

  1. 1 Whether orders restricting use of pre-action discovery information should be varied to assist a foreign proceeding
  2. 2 Whether privileged material can be compelled for use in foreign litigation

Ratio Decidendi

No practical advantage would be gained by varying the pre-action discovery orders because the relevant information is protected by legal professional privilege and is not intended to be used in the English proceedings; the philosophy of pre-action discovery militates against widening the use of such material for extraneous purposes.

Court Disposition

Motion dismissed

Orders

  • The motion be dismissed.
  • The respondents (applicants in this motion) pay the applicants' costs of the motion.