Ontario Teachers’ Pension Plan Board & Anor v Macquarie Infrastructure Investment Management Ltd & Anor [2009] NSWSC 300

Ontario Teachers’ Pension Plan Board & Anor v Macquarie Infrastructure Investment Management Ltd & Anor [2009] NSWSC 300

Balancing the entitlement of a litigant to know and respond to the case it faces and to give proper instructions, with the significant commercial sensitivity of the documents as between trade rivals, justifies limited board-level disclosure under extended confidentiality undertakings.

Parties
First Plaintiff: Ontario Teachers' Pension Plan Board; Second Plaintiff: Golden Apple Infrastructure Inc; First Defendant: Macquarie Infrastructure Investment Management Ltd; Second Defendant: Macquarie Infrastructure Group International Ltd
Jurisdiction
Australia
Judgment Date
21 April 2009
Procedural Posture
Equity Division, Commercial List / Interlocutory Application Ruling on Confidentiality Undertakings
Outcome
Orders made permitting application insofar as necessary extension of undertakings to allow identified board-level access to documents.
Legal Topics
Confidentiality Undertakings, Disclosure of Documents, Litigation Procedure
Procedure Equity Confidentiality Undertakings Disclosure of Documents Litigation Procedure

Case Brief

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Parties

Ontario Teachers' Pension Plan Board

First Plaintiff

Golden Apple Infrastructure Inc

Second Plaintiff

Macquarie Infrastructure Investment Management Ltd

First Defendant

Macquarie Infrastructure Group International Ltd

Second Defendant

Procedural Posture

Equity Division, Commercial List / Interlocutory Application Ruling on Confidentiality Undertakings

Legal Issues

  1. 1 Whether to permit extension/release of confidentiality undertakings to allow limited board-level disclosure of sensitive documents subject to litigation

Ratio Decidendi

Balancing the entitlement of a litigant to know and respond to the case it faces and to give proper instructions, with the significant commercial sensitivity of the documents as between trade rivals, justifies limited board-level disclosure under extended confidentiality undertakings.

Court Disposition

Orders made permitting application insofar as necessary extension of undertakings to allow identified board-level access to documents.

Orders

  • The undertakings as to confidentiality are extended to allow access to the identified documents by Mr Johnson and Mr Hughes.