Trade Practices Commission v Allied Mills Industies Pty Ltd & Ors [1980] FCA 59

Trade Practices Commission v Allied Mills Industies Pty Ltd & Ors [1980] FCA 59

Respondents are entitled to inspect all documents that came into existence before 21 June 1978, as those documents were not prepared solely for the purpose of obtaining legal advice or for the proceedings; documents created after that date are privileged as they were prepared solely for legal advice or litigation.

Parties
Applicant: Trade Practices Commission; Respondents: Allied Mills Industries Pty. Limited and Others
Jurisdiction
Australia
Judgment Date
07 May 1980
Procedural Posture
Application for Discovery/inspection of Documents / Interlocutory/discovery Dispute
Outcome
Orders for inspection of specified documents; partial claim for privilege upheld.
Legal Topics
Legal Professional Privilege, Discovery Procedure, Trade Practices Act
Competition Law Civil Procedure Legal Professional Privilege Discovery Procedure Trade Practices Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Trade Practices Commission

Applicant

Allied Mills Industries Pty. Limited and Others

Respondents

Procedural Posture

Application for Discovery/inspection of Documents / Interlocutory/discovery Dispute

Legal Issues

  1. 1 Whether documents listed in paragraph 6 of the applicant's affidavit are privileged from inspection by respondents based on legal professional privilege
  2. 2 Whether the documents came into existence solely for the purpose of obtaining legal advice or for the proceedings

Ratio Decidendi

Respondents are entitled to inspect all documents that came into existence before 21 June 1978, as those documents were not prepared solely for the purpose of obtaining legal advice or for the proceedings; documents created after that date are privileged as they were prepared solely for legal advice or litigation.

Court Disposition

Orders for inspection of specified documents; partial claim for privilege upheld.

Orders

  • Respondents are entitled to inspect all documents listed in paragraph 6 of the schedule to Mr. Conlan's affidavit which came into existence before 21st June 1978.
  • Documents dated after 21st June 1978 are not to be made available for inspection except as otherwise ordered.