13 Mar 2009
INVERNESS MEDICAL INNOVATIONS, INC AND ANOR V MDS DIAGNOSTICS LTD AND ANOR HC AK CIV 2007-404-748
- Citation
- openlaw-b1c217ac_82db_4b7f_909d_9668fb999cc9.pdf
- Court
- High Court
The Court was satisfied special circumstances existed — common factual issues between proceedings, relevance of the discovered documents to the role of the second defendant in both jurisdictions, and necessity for a full and fair determination by the Federal Court — and therefore granted a limited release of the implied undertaking permitting Inverness's New Zealand lawyers to provide copies to Australian counsel on the condition they use them only for the Federal Court litigation; costs lie where they fall.