Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 6) [2010] FCA 1106

Schutz DSL (Australia) Pty Ltd v VIP Plastic Packaging Pty Ltd (No 6) [2010] FCA 1106

The motion was dismissed because, before discovery had been given and before specific confidential documents or categories had been identified, the application was premature; there was also a real risk that access by Mr Perkins could create competing obligations and inadvertent misuse of commercially sensitive information belonging to a direct trade rival.

Jurisdiction
Australia
Judgment Date
13 October 2010
Procedural Posture
Practice and Procedure; Discovery; Confidential Documents / Motion by the Respondents/cross Claimants to Vary the Confidentiality Regime to Allow Their in House Legal Counsel Access to Documents and Exhibits
Outcome
Motion dismissed with costs.
Legal Topics
['discovery' 'confidential Documents' 'inspection by in House Counsel' 'confidentiality Regime' 'trade Rivals' 'potential Conflict of Duties']
['practice and Procedure'] ['discovery' 'confidential Documents' 'inspection by in House Counsel' 'confidentiality Regime' 'trade Rivals' 'potential Conflict of Duties']

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Procedural Posture

Practice and Procedure; Discovery; Confidential Documents / Motion by the Respondents/cross Claimants to Vary the Confidentiality Regime to Allow Their in House Legal Counsel Access to Documents and Exhibits

Legal Issues

  1. 1 ['Whether the confidentiality regime should be varied to permit Mr Nicholas Perkins, general counsel for Geminda Holdings Pty Ltd, to inspect confidential documents and exhibits.' 'Whether the risk of inadvertent misuse or disclosure of commercially sensitive information to a trade rival outweighed the forensic benefit of access by in-house counsel.' 'Whether the application was premature because discovery had not yet been given and categories of discovery had not yet been finally determined.']

Ratio Decidendi

The motion was dismissed because, before discovery had been given and before specific confidential documents or categories had been identified, the application was premature; there was also a real risk that access by Mr Perkins could create competing obligations and inadvertent misuse of commercially sensitive information belonging to a direct trade rival.

Court Disposition

Motion dismissed with costs.

Orders

  • ['That the motion for access to documents and exhibits by the respondents/cross-claimants in-house legal counsel be dismissed.' "The respondents/cross-claimants pay the applicants/cross-respondents' costs of the motion."]