Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 4) [2023] NSWSC 508

Ceerose Pty Ltd v A-Civil Aust Pty Ltd (No 4) [2023] NSWSC 508

Because the evidence showed that A-Civil's MYOB software could only export the entire company file and not segregate the data sought in Category 22, the sensible course was to order production of the whole current MYOB file in .myox form together with the other specified Redfern Schedule items. A confidentiality regime limiting disclosure to identified counsel, solicitors and any accounting or financial expert subject to an undertaking was appropriate; there was no reason to prevent Ceerose's Senior Counsel from discussing the material with David Hume, or to prevent Ceerose from obtaining accounting or financial expert assistance subject to confidentiality.

Jurisdiction
Australia
Judgment Date
15 May 2023
Procedural Posture
Proceedings Challenging Adjudications Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Procedural Ruling on a Notice to Produce and Confidentiality Regime Pending a Grosvenor Stay Application and Appeal
Outcome
Orders made concerning production of documents sought in the Notice to Produce and confidentiality of those documents.
Legal Topics
['notices to Produce' 'production of Documents Before Hearing' 'confidentiality of Produced Documents' 'security of Payment Adjudications' 'grosvenor Stay']
['civil Procedure' 'building and Construction'] ['notices to Produce' 'production of Documents Before Hearing' 'confidentiality of Produced Documents' 'security of Payment Adjudications' 'grosvenor Stay']

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Procedural Posture

Proceedings Challenging Adjudications Under the Building and Construction Industry Security of Payment Act 1999 (nsw) / Procedural Ruling on a Notice to Produce and Confidentiality Regime Pending a Grosvenor Stay Application and Appeal

Legal Issues

  1. 1 ["Whether A-Civil should produce documents sought by Ceerose's Notice to Produce, including its current MYOB file in .myox form." 'What confidentiality regime should apply to documents produced by A-Civil.' 'Whether access to confidential material should extend to counsel David Hume and any accounting or financial expert engaged by Ceerose.']

Ratio Decidendi

Because the evidence showed that A-Civil's MYOB software could only export the entire company file and not segregate the data sought in Category 22, the sensible course was to order production of the whole current MYOB file in .myox form together with the other specified Redfern Schedule items. A confidentiality regime limiting disclosure to identified counsel, solicitors and any accounting or financial expert subject to an undertaking was appropriate; there was no reason to prevent Ceerose's Senior Counsel from discussing the material with David Hume, or to prevent Ceerose from obtaining accounting or financial expert assistance subject to confidentiality.

Court Disposition

Orders made concerning production of documents sought in the Notice to Produce and confidentiality of those documents.

Orders

  • ["A-Civil is to produce to Ceerose's solicitors the documents referred to at Items 3, 4, 5, 6, 8, 10, 16(e)-(j), 23 and 25 of the Redfern Schedule of 9 May 2023, and a copy of the whole of A-Civil's current MYOB file in the form of a .myox file." 'The production order is stayed until 5.00pm on 16 May 2023 to enable...