Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 17) [2012] FCA 1278

Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 17) [2012] FCA 1278

With trial dates set and the document relied on as evidence by VIP, the prejudice to Schutz in withholding the documents outweighs any prejudice to VIP from disclosure, especially given the principles of fairness and necessary preparation for trial; thus, the confidentiality order is refused and costs awarded against VIP.

Parties
First Applicant/cross Respondent: SCHUTZ DSL (AUSTRALIA) PTY LTD (ACN 009 069 907); Second Applicant/cross Respondent: SCHUTZ GMBH & CO KGAA; Third Applicant/cross Respondent: PROTECHNA S.A.; First Respondent/cross Claimant: VIP PLASTIC PACKAGING PTY LTD (ACN 095 313 705); Second Respondent/cross Claimant: VIP STEEL PACKAGING PTY LTD (ACN 095 314 195)
Jurisdiction
Australia
Judgment Date
15 November 2012
Procedural Posture
Interlocutory Application / Pre Trial
Outcome
Application dismissed with costs.
Legal Topics
Confidentiality Orders, Trap Purchase Evidence, Disclosure of Documents, Costs
Practice and Procedure Confidentiality Orders Trap Purchase Evidence Disclosure of Documents Costs

Case Brief

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Parties

SCHUTZ DSL (AUSTRALIA) PTY LTD (ACN 009 069 907)

First Applicant/cross Respondent

SCHUTZ GMBH & CO KGAA

Second Applicant/cross Respondent

PROTECHNA S.A.

Third Applicant/cross Respondent

VIP PLASTIC PACKAGING PTY LTD (ACN 095 313 705)

First Respondent/cross Claimant

VIP STEEL PACKAGING PTY LTD (ACN 095 314 195)

Second Respondent/cross Claimant

Procedural Posture

Interlocutory Application / Pre Trial

Legal Issues

  1. 1 Whether confidential exhibit relied upon disclosed evidence of a trap purchase
  2. 2 Whether confidentiality orders should protect documents relied on in evidence
  3. 3 Balance between commercial confidentiality and necessary disclosure before trial

Ratio Decidendi

With trial dates set and the document relied on as evidence by VIP, the prejudice to Schutz in withholding the documents outweighs any prejudice to VIP from disclosure, especially given the principles of fairness and necessary preparation for trial; thus, the confidentiality order is refused and costs awarded against VIP.

Court Disposition

Application dismissed with costs.

Orders

  • The respondents/cross-claimants' interlocutory application filed 30 October 2012 be dismissed.
  • The respondents/cross-claimants pay the applicants/cross-respondents' costs of the application, to be taxed if not agreed.