NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1434

NT Power Generation Pty Ltd v Power & Water Authority [1999] FCA 1434

The Merrill Lynch report was in the higher range of confidential documents and, given that the applicant's legal advisers and experts already had access to it and Mr Hutchison's evidence-in-chief was almost concluded, it was not necessary in the interests of justice for Mr Hutchison to inspect it. By contrast, the minutes and draft access codes concerned the development and timing of an access regime directly relevant to the applicant's case, and no specific highly confidential content was identified; therefore the applicant should be able to obtain instructions from Mr Hutchison on those documents subject to his confidentiality undertaking and the implied undertaking limiting use to the...

Jurisdiction
Australia
Judgment Date
19 October 1999
Procedural Posture
Interlocutory Application Concerning Discovery and Confidentiality / Reasons for Decision on Access to Confidential Discovered Documents
Outcome
Application allowed in part.
Legal Topics
['inspection of Documents' 'confidential Documents' 'confidentiality Undertakings' 'access to Discovered Documents by Party Representative']
['civil Procedure' 'discovery' 'confidentiality'] ['inspection of Documents' 'confidential Documents' 'confidentiality Undertakings' 'access to Discovered Documents by Party Representative']

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Procedural Posture

Interlocutory Application Concerning Discovery and Confidentiality / Reasons for Decision on Access to Confidential Discovered Documents

Legal Issues

  1. 1 ["Whether documents produced under an agreed confidentiality regime should be released from that regime to permit inspection by the applicant's Chief Executive Officer, Mr Hutchison." 'Whether the Merrill Lynch report should be made available for inspection by Mr Hutchison.' "Whether minutes and draft access codes exhibited to Mr Clarke's proposed witness statement should be made available for inspection by Mr Hutchison."]

Ratio Decidendi

The Merrill Lynch report was in the higher range of confidential documents and, given that the applicant's legal advisers and experts already had access to it and Mr Hutchison's evidence-in-chief was almost concluded, it was not necessary in the interests of justice for Mr Hutchison to inspect it. By contrast, the minutes and draft access codes concerned the development and timing of an access regime directly relevant to the applicant's case, and no specific highly confidential content was identified; therefore the applicant should be able to obtain instructions from Mr Hutchison on those documents subject to his confidentiality undertaking and the implied undertaking limiting use to the...

Court Disposition

Application allowed in part.

Orders

  • ["Exhibits KBC6-15, 17-19 and 21 to Mr Clarke's proposed evidence are to be available for inspection by Mr Hutchison upon his undertaking to preserve their confidentiality." 'The documents inspected by Mr Hutchison are not to be used by the applicant or by him for any purpose other than in connection with these...