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Apotex Pty Ltd v ICOS Corporation (No 2) [2017] FCA 589

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PRACTICE AND PROCEDURE - consideration of an application for an order for production in terms of a Notice to produce a document in a pleading or affidavit - whether documents are mentioned in an expert report - where no direct allusion to a document in the relevant sense - where reference by inference is not sufficient - where fact document almost certainly exists is not sufficient - where no procedural unfairness to the applicant as statement not made to bolster or support expert opinion.

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