Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2011] FCA 204

Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2011] FCA 204

Because the respondents' evidence showed that disclosure of the 2009-2010 turnover and profit figures could affect their credit position and give competitors commercially valuable information about their pricing capacity, disclosure would pose a potential serious threat to the commercial value of their business; in those circumstances, an order under s 50 was warranted.

Jurisdiction
Australia
Judgment Date
03 March 2011
Procedural Posture
Application for Suppression Order Under S 50 of the Federal Court of Australia Act 1976 (cth) / Reasons for Judgment and Orders on the First to Fifth Respondents' Application
Outcome
Suppression order made.
Legal Topics
['suppression Order' 'confidential Financial Information' 'administration of Justice' 'civil Penalties for Alleged Trade Practices Act Breaches']
['practice and Procedure' 'competition and Consumer Law'] ['suppression Order' 'confidential Financial Information' 'administration of Justice' 'civil Penalties for Alleged Trade Practices Act Breaches']

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Procedural Posture

Application for Suppression Order Under S 50 of the Federal Court of Australia Act 1976 (cth) / Reasons for Judgment and Orders on the First to Fifth Respondents' Application

Legal Issues

  1. 1 ['Whether the 2009-2010 financial figures in Confidential Annexure A to the Statement of Agreed Facts should be kept confidential and not disclosed or published under s 50 of the Federal Court of Australia Act 1976 (Cth).' "Whether publication of the respondents' turnover and profit figures would seriously threaten, or potentially seriously threaten, the commercial value of their business so as to make an order necessary to prevent prejudice to the administration of justice."]

Ratio Decidendi

Because the respondents' evidence showed that disclosure of the 2009-2010 turnover and profit figures could affect their credit position and give competitors commercially valuable information about their pricing capacity, disclosure would pose a potential serious threat to the commercial value of their business; in those circumstances, an order under s 50 was warranted.

Court Disposition

Suppression order made.

Orders

  • ['Pursuant to s 50 of the Federal Court of Australia Act, the 2009-2010 financial figures contained in Confidential Annexure A to the document marked Statement of Agreed Facts filed on 22 February 2011 are to be kept confidential and not disclosed or published to any person without leave of the Court for a period of...