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Interlocutory refusal to produce unredacted sales and licence documents was overturned; confidentiality alone does not bar Rule 35 discovery.
Civil procedure – discovery – Rule 35(3),(7),(12) – confidentiality is not prima facie privilege – producing party must establish legal privilege. Discovery – relevance – objective test whether documents may advance applicant’s case or damage opponent’s case; redaction of material portions impermissible. Appealability – interests of justice standard may permit interlocutory appeals; appellate review where discretion exercised on wrong appreciation of facts. Trade secrets/public domain – documentary proof (sales, licences, purchaser details) may be decisive to determine whether information entered the public domain.
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