The Daniels Corporation International Pty Ltd v Australian Competition and Consumer Commission

[2002] HCA 49

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The Daniels Corporation International PTY LTD & anor APPELLANTS
v Australian Competition and Consumer Commission RESPONDENT

Court:

Judges: GLEESON CJ, GAUDRON, GUMMOW, HAYNE JJ
McHUGH JJ
KIRBY JJ
CALLINAN JJ

Subject References:
Evidence
Legal professional privilege
Statutory notice to produce documents
Whether statute abrogated legal professional privilege
Trade practices
Notice to produce documents to Australian Competition and Consumer Commission
Commission investigating whether Trade Practices Act 1974 (Cth) contravened
Whether documents to be produced included those for which legal professional privilege claimed

Legislative References:
Trade Practices Act 1974 - 155

Judgment date: 7 November 2002

Canberra

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ORDER

1.

Appeal allowed .

2.

Set aside the orders of the Full Court of the Federal Court made 16 March 2001 , and in lieu thereof declare that s 155 of the Trade Practices Act 1974 ( Cth ) does not require the production of documents to which legal professional privilege attaches .

3.

Remit matter to the Federal Court to determine what , if any , of the documents specified in the notices are the subject of legal professional privilege .

4.

Respondent to pay the appellants' costs of the proceedings in the Full Court and in this Court .

On appeal from the Federal Court of Australia