Xu v Minister for Immigration and Multicultural Affairs

[1999] FCA 174

MARITIME UNION OF AUSTRALIA, PETER WINCH-BUIST, PAUL ARTHUR, CLIVE LAURISTEN and STEVE PENNEY v GERALDTON PORT AUTHORITY, B E AND SG BROWN NOMINEES PTY LTD (TRADING AS GERALDTON SHIPPING AGENCIES), ERIC CHARLTON and MURRAY CRIDDLE
[1999] FCA 174
No. WAG 101 of 1998
Number of pages -
2
Evidence

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

R D NICHOLSON J

Evidence - discovery - civil proceedings - claim of public interest privilege - ruling following inspection.

PERTH, 16 February 1999 (hearing), 3 March 1999 (decision)

#DATE 3:3:1999

Appearances

Counsel for the Applicants: Mr R Redlich QC with Mr W Friend

Solicitor for the Applicants: Dwyer Durack

Counsel for the Third Respondent: Mr C Sweeney

Solicitor for the Third Respondent: McCallum Donovan Sweeney

Counsel for the Fourth Respondent: Mr G Tannin with Mr M Lundberg

Solicitor for the Fourth Respondent: Crown Solicitor of WA

THE COURT ORDERS THAT:

1. Paragraph 2 of the applicants' motion dated 15 January 1999 be refused in respect of documents 3 and 6 in the fourth respondent's list of documents.

   2. Paragraph 2 of the applicants' motion dated 15 January 1999 be held over in relation to documents 4 and 5 until submissions at trial on the use of "the Expressions" as defined in the reasons herein dated 25 February 1999.

   3. Costs reserved.

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

R D NICHOLSON J

1 Following delivery of my reasons on 25 February 1999 I have inspected the documents numbered 3, 4, 5 and 6 contained in the fourth respondent's list of documents. I now rule as follows in relation to the motion for further and better discovery in relation to each of the documents:

2 Document 3 (excluding facsimile transmission sheet) - exceptional circumstances are not established in relation to this document and the motion is therefore refused in respect of it.

3 Document 4 - the motion is held over in relation to this document until submissions have been head in the course of trial on the use of the Expressions (as defined in the reasons of 25 February 1999).

4 Document 5 (excluding the document "Principles to Guide Western Australia's Port Authority Development through the 90's") - the motion is held over in relation to this document until submissions have been heard in the course of trial on the use of the Expressions.

5 Document 6 - very exceptional circumstances are not established in respect of this document and the motion is refused in respect of it.