CFT No. 8 Pty Ltd; Telado Pty Ltd v Sydney Metro [2024] NSWLEC 60

CFT No. 8 Pty Ltd; Telado Pty Ltd v Sydney Metro [2024] NSWLEC 60

Leave was granted because, on the totality of the evidence, the Court was not satisfied that there was a real and sensible possibility of misuse of the Applicants' confidential information or a threatened breach of duty by Mr Blythe. He did not presently hold the relevant confidential information, any future possession would arise only through disclosure in the proceedings, there was no basis to infer intentional breach of an undertaking, and the combination of confidentiality undertakings and Urbis probity arrangements made inadvertent multilayered disclosure insufficiently likely to be a real and sensible risk.

Jurisdiction
Australia
Judgment Date
07 June 2024
Procedural Posture
Class 3 Claim for Compensation for Compulsory Acquisition of the Applicants' Land / Notice of Motion Seeking Leave to File an Expert Town Planning Report and Related Directions
Outcome
Leave granted to the Respondent to rely upon Mr Blythe's expert town planning evidence.
Legal Topics
['leave to Adduce Expert Evidence' 'expert Witness Substitution' 'misuse of Confidential Information' 'commercially Sensitive Information' 'confidentiality Undertakings']
['land Acquisition Compensation' 'civil Procedure' 'evidence' 'confidential Information'] ['leave to Adduce Expert Evidence' 'expert Witness Substitution' 'misuse of Confidential Information' 'commercially Sensitive Information' 'confidentiality Undertakings']

Case Brief

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Procedural Posture

Class 3 Claim for Compensation for Compulsory Acquisition of the Applicants' Land / Notice of Motion Seeking Leave to File an Expert Town Planning Report and Related Directions

Legal Issues

  1. 1 ['Whether the Respondent should be granted leave to rely on expert town planning evidence from Mr Tim Blythe as a replacement expert.' "Whether there was a real and sensible possibility of misuse of the Applicants' commercially sensitive or confidential information if Mr Blythe acted as the Respondent's expert."]

Ratio Decidendi

Leave was granted because, on the totality of the evidence, the Court was not satisfied that there was a real and sensible possibility of misuse of the Applicants' confidential information or a threatened breach of duty by Mr Blythe. He did not presently hold the relevant confidential information, any future possession would arise only through disclosure in the proceedings, there was no basis to infer intentional breach of an undertaking, and the combination of confidentiality undertakings and Urbis probity arrangements made inadvertent multilayered disclosure insufficiently likely to be a real and sensible risk.

Court Disposition

Leave granted to the Respondent to rely upon Mr Blythe's expert town planning evidence.

Orders

  • ['The Respondent is granted leave to rely upon the expert town planning evidence of Mr Tim Blythe in the proceedings.']