ACD Tridon v Tridon Australia [2004] NSWSC 77

ACD Tridon v Tridon Australia [2004] NSWSC 77

The plaintiff's call for production of the Watson Reports is in breach of its undertaking not to seek to obtain information concerning the affairs of TAPL directly or indirectly from Mr Arkin or others, because the reports became accessible to TAPL by action of Mr Arkin’s nominated accountant, and ACDT’s attempt to obtain them through discovery constitutes seeking the information indirectly from a prohibited source. Even if the undertaking did not prevent access, discretionary considerations based on the arrangement’s purpose support denying discovery.

Jurisdiction
Australia
Judgment Date
20 February 2004
Procedural Posture
Equity Proceeding / Interlocutory Application—application for Injunction Regarding Access to Documents
Outcome
Plaintiff enjoined, until further order, from seeking discovery and inspection or otherwise calling for production of the Watson Reports.
Legal Topics
['undertakings to the Court' 'discovery and Inspection of Documents' 'breach of Undertaking' 'construction of Undertakings' 'referee Proceedings' 'confidentiality of Documents']
['practice and Procedure' 'equity' 'corporations'] ['undertakings to the Court' 'discovery and Inspection of Documents' 'breach of Undertaking' 'construction of Undertakings' 'referee Proceedings' 'confidentiality of Documents']

Case Brief

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Procedural Posture

Equity Proceeding / Interlocutory Application—application for Injunction Regarding Access to Documents

Legal Issues

  1. 1 ['Whether the plaintiff (ACDT) breached its undertaking to the Court by seeking discovery of the Watson Reports' 'Whether the undertaking prevents ACDT from obtaining discovery of the Watson Reports' 'Whether there is a discretionary basis to deny ACDT access to the Watson Reports']

Ratio Decidendi

The plaintiff's call for production of the Watson Reports is in breach of its undertaking not to seek to obtain information concerning the affairs of TAPL directly or indirectly from Mr Arkin or others, because the reports became accessible to TAPL by action of Mr Arkin’s nominated accountant, and ACDT’s attempt to obtain them through discovery constitutes seeking the information indirectly from a prohibited source. Even if the undertaking did not prevent access, discretionary considerations based on the arrangement’s purpose support denying discovery.

Court Disposition

Plaintiff enjoined, until further order, from seeking discovery and inspection or otherwise calling for production of the Watson Reports.

Orders

  • ["The plaintiff is restrained, until further order, from seeking discovery and inspection or otherwise calling for production, in this proceeding, of the reports identified in paragraph 2(a) of the plaintiff's notice of motion filed on 11 February 2004."]