HQ Insurance Pty Ltd v Doughty [2022] NSWSC 400

HQ Insurance Pty Ltd v Doughty [2022] NSWSC 400

The Harman undertaking provides adequate protection for the plaintiff's confidential material, subject to agreed redaction of certain financial information, and the application to restrict defendants' access to the material should be dismissed with costs.

Jurisdiction
Australia
Judgment Date
05 April 2022
Procedural Posture
Application for Preliminary Discovery / Ruling on Interlocutory Application
Outcome
Application to restrict defendants' access to material dismissed with costs, subject to qualification on financial records.
Legal Topics
['preliminary Discovery' 'confidentiality' 'harman Undertaking']
['practice and Procedure' 'equity'] ['preliminary Discovery' 'confidentiality' 'harman Undertaking']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Ruling on Interlocutory Application

Legal Issues

  1. 1 ["Whether defendants' access to specified confidential material relied upon by the plaintiff for preliminary discovery should be restricted" 'Adequacy of Harman undertaking as protection against disclosure']

Ratio Decidendi

The Harman undertaking provides adequate protection for the plaintiff's confidential material, subject to agreed redaction of certain financial information, and the application to restrict defendants' access to the material should be dismissed with costs.

Court Disposition

Application to restrict defendants' access to material dismissed with costs, subject to qualification on financial records.

Orders

  • ['Financial information relating to quoting of insurance to be redacted from documents shown to defendants.' "Plaintiff's Notice of Motion otherwise dismissed with costs."]