SGS Australia Pty Ltd v Australian Laboratory Services Pty Ltd (No 2) [2012] FCA 960

SGS Australia Pty Ltd v Australian Laboratory Services Pty Ltd (No 2) [2012] FCA 960

Redactions were necessary only for passages identifying confidential ingredients or characteristics of MMI-M, because publication of that information would prejudice the administration of justice by destroying the confidentiality the proceeding sought to protect. Redactions of information concerning Ionic Leach were...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 September 2012
Procedural Posture
Application Pursuant to S 50 of the Federal Court of Australia Act 1976 (cth) for Redaction of Judgment and Restriction of Publication of Confidential Information / After Delivery of Reasons Dismissing the Applicants' Proceeding, on Application to Publish the Earlier Reasons in Redacted Form
Outcome
Application for redaction granted in part; publication of the redacted reasons delayed for 15 days; applicants ordered to pay the respondent's costs of the s 50 application.
Legal Topics
['redaction of Reasons for Judgment' 'open Justice' 'restriction on Publication Under S 50 of the Federal Court of Australia Act 1976 (cth)' 'confidential Commercial Information']
['evidence' 'confidential Information' 'civil Procedure'] ['redaction of Reasons for Judgment' 'open Justice' 'restriction on Publication Under S 50 of the Federal Court of Australia Act 1976 (cth)' 'confidential Commercial Information']

Source-derived case record

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Procedural Posture

Application Pursuant to S 50 of the Federal Court of Australia Act 1976 (cth) for Redaction of Judgment and Restriction of Publication of Confidential Information / After Delivery of Reasons Dismissing the Applicants' Proceeding, on Application to Publish the Earlier Reasons in Redacted Form

Legal Issues

  1. 1 ['Whether it was necessary under s 50 of the Federal Court of Australia Act 1976 (Cth) to redact parts of the reasons for judgment to prevent prejudice to the administration of justice by protecting confidential information in the MMI technique and MMI-M.' 'Whether references to the ingredients, concentrations and physical and chemical characteristics of Ionic Leach should be redacted where that information was already in the public domain.' 'Whether the redacted reasons should not be published for 15 days to preserve any rights of review.' 'Which party should pay the costs of the s 50 application.']

Ratio Decidendi

Redactions were necessary only for passages identifying confidential ingredients or characteristics of MMI-M, because publication of that information would prejudice the administration of justice by destroying the confidentiality the proceeding sought to protect. Redactions of information concerning Ionic Leach were not necessary because that information was already in the public domain and redacting it would serve no utility. The applicants therefore obtained only limited redactions, largely where the respondent accepted confidentiality, and were ordered to pay the respondent's costs of the s 50 application.

Court Disposition

Application for redaction granted in part; publication of the redacted reasons delayed for 15 days; applicants ordered to pay the respondent's costs of the s 50 application.

Orders

  • ['Paragraphs [8], [12], [14], [15], [17], [18], [19], [20], [21], [22], [23], [91], [100], [102], [106], and [145] of the reasons in SGS Australia Pty Ltd v Australian Laboratory Services Pty Ltd [2012] FCA 711 delivered on 6 July 2012 be redacted to the extent contended for in the applicants\' confidential schedule...