Trade Practices Commission v. Queensland Aggregates Pty Ltd & Anor [1981] FCA 121

Procedural Posture

Practice and Procedure Discovery Claim for Privilege From Inspection of Documents / Notice of Motion by the Second Respondent for Production for Inspection

Legal Issues

1. 1 ["Whether the applicant should produce for inspection a copy of advice from counsel obtained by solicitors for Mr Stewart and a solicitors' file containing a statement by Mr Hardy." 'Whether inspection could be refused because the documents were the property of third parties.' 'Whether confidentiality alone, or legal professional privilege, justified refusal of inspection by the applicant.' 'Whether the public interest in confidentiality of documents supplied to the Trade Practices Commission outweighed the public interest in disclosure for the administration of justice.']

Ratio Decidendi

Although the documents were relevant and confidentiality or legal professional privilege alone did not justify refusal by the applicant, the documents had been brought into existence solely for legal advice or litigation by private individuals and were supplied to the Trade Practices Commission on a confidential basis to assist its public enforcement functions. The preponderant public interest was in protecting such confidential assistance to the Commission, because disclosure would inhibit persons from assisting it. Inspection was therefore refused.

Court Disposition

The notice of motion was dismissed and inspection was refused.

Orders

• ['The notice of motion be dismissed.' "The costs of the notice of motion be the second respondent's costs in the proceedings." 'The documents which were handed to the Court will be returned.']