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Gray v Associated Book Publishers (Aust) Pty Ltd

Gray v Associated Book Publishers (Aust) Pty Ltd

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FEDERAL COURT OF AUSTRALIA
Gray v Associated Book Publishers (Aust) Pty Limited [2002] FCA 1045
PRACTICE AND PROCEDURE - discovery - discretionary power of Court - whether disclosure necessary in the interests of a fair trial - claim of irrelevance with respect to part of a document - whether parts of discovered documents may be masked for confidentiality - whether claim for legal professional privilege "sufficiently stated the grounds of the privilege" - whether legal professional privilege waived by limited disclosure - whether further discovery should be required
PRACTICE AND PROCEDURE - whether question of liability should be tried separately from question of damages – statutory and common law claims
Copyright Act 1968 (Cth)
Workplace Relations Act 1996 (Cth)
Federal Court Rules O 15 r 6(4), O 15 r11, O 15 r 15, O 29
Evidence Act 1995 (Cth) s 122
Trade Practices Commission v CC (New South Wales) Pty Limited (1995) 58 FCR 426 cited
Harman v Secretary of State for Home Department [1983] 1 AC 280 referred to
Mackay Sugar Co-operative Association Limited v CSR Limited (1996) 63 FCR 408 referred to
Science Research Council v Nasse [1980] AC 102 cited
Grofam Pty Limited v Australia and New Zealand Banking Group Limited (1993) 43 FCR 408 cited
Optus Communications Pty Ltd v Telstra Corporation Ltd [1995] FCA 254 cited
GEC Marconi Systems Pty Ltd v BHP Information Technology Pty Ltd [2000] FCA 593 cited
Fort Dodge Australia Pty Limited v Nature Vet Pty Limited [2002] FCA 501 cited
GE Capital Corporate Finance Group Ltd v Bankers Trust Co [1995] 1 WLR 172 (CA) cited
Telstra Corporation v Australis Media Holdings (McLelland CJ in Eq, 10 February 1997, unreported) referred to
Index Group of Companies Pty Ltd v Nolan [2002] FCA 608 referred to
Mulley v Mainfold (1959) 103 CLR 341 cited
Esso Australia Resources Limited v The Commissioner of Taxation (1999) 201 CLR 49 cited
Attorney‑General (NT) v Maurice (1986) 161 CLR 475 referred to
Goldberg v Ng (1995) 185 CLR 83 referred to
Southern Cross Airlines Holdings Ltd (in liq) v Arthur Andersen & Co (1998) 84 FCR 472 cited
Adelaide Steamship Co Ltd v Spalvins (1998) 81 FCR 360 cited
Telstra Corporation Ltd v BT Australasia Pty Ltd (1998) 85 FCR 152 (FC) referred to
Farrow Mortgage Services Pty Ltd (in liq) v Webb (1996) 39 NSWLR 601 (CA) cited
BEATRICE ANNE GRAY v ASSOCIATED BOOK PUBLISHERS (AUST) PTY LIMITED (IN LIQ.) formerly THE LAW BOOK COMPANY LIMITED t/as LBC Information Services AND THOMSON LEGAL & REGULATORY LIMITED t/as Lawbook Co (formerly t/as LBC Information Services)
N 929 of 2001
BRANSON J
23 AUGUST 2002
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N 929 OF 2001

BETWEEN:

BEATRICE ANNE GRAY
APPLICANT

AND:

ASSOCIATED BOOK PUBLISHERS (AUST) PTY LIMITED (IN LIQ.) formerly THE LAW BOOK COMPANY LIMITED t/as LBC Information Services
FIRST RESPONDENT

THOMSON LEGAL & REGULATORY LIMITED t/as Lawbook Co (formerly t/as LBC Information Services)
SECOND RESPONDENT

JUDGE:

BRANSON J

DATE:

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] FCA 1045
Decision Date: 23 AUGUST 2002

CaseChat Overview and Summary

This case involved a dispute between Beatrice Anne Gray and Associated Book Publishers (Aust) Pty Ltd, and Thomson Legal & Regulatory Limited, regarding copyright infringement and employment law claims. The case was heard in the Federal Court of Australia, with Justice Branson presiding. The primary issues before the Court were the discovery and inspection of documents, claims of legal professional privilege, and the masking of certain portions of discovered documents. The applicant, Gray, sought the production of specific documents from the respondents, which included information about the remuneration and fee reviews of external editors. The respondents claimed legal professional privilege over some documents and sought to mask certain portions of the discovered documents to protect the privacy of external editors.

The Court held that the applicant was entitled to inspect unmasked copies of the documents related to the remuneration and fee reviews of external editors, as this information was relevant to the issues in the case. The Court also found that the respondents' claims of privilege were not sufficiently detailed as required by the Federal Court Rules, and that the respondents had waived their legal professional privilege by disclosing parts of the legal advice to the applicant. However, the Court ruled that the cost and disruption caused by further discovery would not be justified, except for some further discovery that the Court deemed reasonably necessary for a fair trial. The Court proposed to provide the parties with an opportunity to further consider the means by which the respondents might provide appropriate and useful further discovery.

Orders