Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd

[2006] FCA 879

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Liquorland (Australia) Pty Ltd [2006] FCA 879

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v LIQUORLAND (AUSTRALIA) PTY LTD AND ANOR
NSD 769 of 2003

ALLSOP J
5 JULY 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 769 of 2003

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT

AND:

LIQUORLAND (AUSTRALIA) PTY LTD
FIRST RESPONDENT

WOOLWORTHS LTD
SECOND RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

5 JULY 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Until further order, the solicitors and counsel for the first and second respondents keep the unredacted version of the reasons herein confidential and not distribute it to any person.

2.Redacted versions of the reasons herein conforming to orders 4 to 7 made on 30 June 2006 be permitted to be released to Woolworths, Liquorland and the public.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 769 of 2003

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT

AND:

LIQUORLAND (AUSTRALIA) PTY LTD
FIRST RESPONDENT

WOOLWORTHS LTD
SECOND RESPONDENT

JUDGE:	ALLSOP J
DATE:	5 JULY 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this proceeding there was a directions hearing at 4:30 pm on Monday 3 July 2006 at which the solicitors, including a solicitor for Liquorland attended.  The solicitors confirmed that other than the paragraphs mentioned in my orders of 30 June they were not aware of any further areas of potentially confidential material in the judgment to be brought to my attention prior to distribution of redacted versions of the judgment. 

2. On the basis that the condition in order 12 made on 30 June has been satisfied I propose to distribute, until further order, redacted versions of the reasons for judgment as follows:

   (1) a version to Woolworths with paragraphs [488] to [498], [506], [508] to [509] and the fifth sentence of [796] redacted, being potentially confidential information of Liquorland;

   (2) a version to Liquorland, with paragraphs [455] to [487], [499] to [505], [507] and [714] to [716] redacted, being potentially confidential information of Woolworths;

   (3) a version to be generally available with paragraphs [455] to [509], [714] to [716], [728] and the fifth sentence of [796] redacted, being potentially confidential information of Liquorland or Woolworths or both; noting that both Liquorland and Woolworths are content for each other to see [728].

1. The applicant has already received an unredacted version of the judgment.  Counsel and solicitors for Liquorland and Woolworths were also given access to the unredacted judgment only for the purpose of informing me about confidentiality issues.  It goes without saying that until further order the counsel and solicitors for Woolworths and Liquorland are not to distribute to any person the unredacted version of the reasons.  In due course an unredacted, or differently redacted, version of the judgment may be made available to the public, depending upon future orders.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Allsop.

Associate:

Dated:            5 July 2006

Date of Judgment: 5 July 2006