Domino's Pizza Enterprises Limited v Precision Tracking Pty Ltd [2016] FCA 853

Domino's Pizza Enterprises Limited v Precision Tracking Pty Ltd [2016] FCA 853

The risk of inadvertent or accidental disclosure by the designated representatives is low, and the need for informed instructions to plead to the cross-claim is high. The confidential nature of schedules 1, 2 and 3 is assumed but outweighed by the centrality of the documents in the proceedings. The proffered confidentiality undertakings sufficiently address the risks. The mp4 video file should remain under the confidentiality regime due to uncertainty regarding its public accessibility and content.

Jurisdiction
Australia
Judgment Date
29 July 2016
Procedural Posture
Civil / Interlocutory Application
Outcome
Interlocutory orders granted, specific confidentiality regime imposed, costs orders made against Precision Tracking Pty Ltd
Legal Topics
['breach of Confidence' 'confidentiality Regime' 'interlocutory Orders' 'access to Documents' 'patent Infringement' 'copyright Infringement']
['intellectual Property' 'practice and Procedure'] ['breach of Confidence' 'confidentiality Regime' 'interlocutory Orders' 'access to Documents' 'patent Infringement' 'copyright Infringement']

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Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 ['Should orders be made preventing access by certain employees of cross-respondents to schedules to the statement of cross-claim?' 'Should the mp4 video file be subject to the confidentiality regime?' 'Is the information in schedules 1, 2 and 3 confidential?']

Ratio Decidendi

The risk of inadvertent or accidental disclosure by the designated representatives is low, and the need for informed instructions to plead to the cross-claim is high. The confidential nature of schedules 1, 2 and 3 is assumed but outweighed by the centrality of the documents in the proceedings. The proffered confidentiality undertakings sufficiently address the risks. The mp4 video file should remain under the confidentiality regime due to uncertainty regarding its public accessibility and content.

Court Disposition

Interlocutory orders granted, specific confidentiality regime imposed, costs orders made against Precision Tracking Pty Ltd

Orders

  • ["Designated representatives of Domino's Pizza Enterprises Limited and Navman Wireless Australia Pty Ltd permitted access to schedules 1, 2 and 3 and the mp4 video file subject to signed confidentiality undertakings." "Precision Tracking Pty Ltd to pay 90% of the costs of Domino's Pizza Enterprises Limited's...