Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 2) [2008] NSWSC 1056

Chaina & Ors v The Presbyterian Church (NSW) Property Trust & Ors (No 2) [2008] NSWSC 1056

On balance, the risk of disclosure by Dr Wynn-Hatton was low and insufficient to justify preventing his access to the confidential information. Disclosure is permitted subject to a confidentiality regime protecting the plaintiffs’ interests.

Jurisdiction
Australia
Judgment Date
13 October 2008
Procedural Posture
Notice of Motion for Disclosure of Confidential Information / Post Motion Judgment; Orders and Costs
Outcome
Second, fourth and fifth plaintiffs required to disclose confidential information; plaintiffs to pay defendants’ costs of the motion, including costs associated with order formulation.
Legal Topics
['confidential Information' 'expert Witnesses' 'confidentiality Regime' 'costs']
['practice and Procedure'] ['confidential Information' 'expert Witnesses' 'confidentiality Regime' 'costs']

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Procedural Posture

Notice of Motion for Disclosure of Confidential Information / Post Motion Judgment; Orders and Costs

Legal Issues

  1. 1 ['Whether expert witness (Dr Wynn-Hatton) should be given access to confidential information' 'Appropriate confidentiality regime for confidential information' 'Costs of the motion']

Ratio Decidendi

On balance, the risk of disclosure by Dr Wynn-Hatton was low and insufficient to justify preventing his access to the confidential information. Disclosure is permitted subject to a confidentiality regime protecting the plaintiffs’ interests.

Court Disposition

Second, fourth and fifth plaintiffs required to disclose confidential information; plaintiffs to pay defendants’ costs of the motion, including costs associated with order formulation.

Orders

  • ['Second, fourth and fifth plaintiffs to disclose confidential information as per judgment order.' "Second, fourth and fifth plaintiffs to pay defendants' costs of the motion, including costs related to order formulation."]