Global Medical Solutions Australia Pty Ltd v Axiom Molecular Pty Ltd [2012] NSWSC 1517

Global Medical Solutions Australia Pty Ltd v Axiom Molecular Pty Ltd [2012] NSWSC 1517

The redaction process had miscarried and travelled beyond what could sensibly be justified, and maintaining extensive secrecy redactions over document descriptions would largely subvert the operation of the search order in circumstances where the plaintiff had a strong prima facie case involving misuse of business opportunities and confidential information. The single document description claimed to be privileged did not disclose legal advice. The plaintiff's legal advisors should therefore be permitted to show the un-redacted list to the plaintiff, subject to express undertakings by persons within the plaintiff who see it.

Jurisdiction
Australia
Judgment Date
07 December 2012
Procedural Posture
Interlocutory Application in the Equity Division Commercial List / Application Concerning Inspection of Document Descriptions Produced Under a Search Order
Outcome
Plaintiff's legal advisors granted leave to show the un-redacted list to the plaintiff, subject to express undertakings; no restriction imposed on who within the plaintiff may see the list if each person gives the undertaking.
Legal Topics
['search Orders' 'inspection Regime' 'redacted Document Lists' 'secret Information' 'privilege' 'undertakings']
['practice and Procedure' 'equity'] ['search Orders' 'inspection Regime' 'redacted Document Lists' 'secret Information' 'privilege' 'undertakings']

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Procedural Posture

Interlocutory Application in the Equity Division Commercial List / Application Concerning Inspection of Document Descriptions Produced Under a Search Order

Legal Issues

  1. 1 ["Whether the plaintiff's legal advisors should be permitted to disclose to the plaintiff an un-redacted list of document descriptions produced by the Independent Computer Expert under the search order regime." 'Whether redactions for alleged secret information and privilege in the document descriptions should be maintained.' 'Whether disclosure of the un-redacted list should be limited to particular persons within the plaintiff and made subject to express undertakings.']

Ratio Decidendi

The redaction process had miscarried and travelled beyond what could sensibly be justified, and maintaining extensive secrecy redactions over document descriptions would largely subvert the operation of the search order in circumstances where the plaintiff had a strong prima facie case involving misuse of business opportunities and confidential information. The single document description claimed to be privileged did not disclose legal advice. The plaintiff's legal advisors should therefore be permitted to show the un-redacted list to the plaintiff, subject to express undertakings by persons within the plaintiff who see it.

Court Disposition

Plaintiff's legal advisors granted leave to show the un-redacted list to the plaintiff, subject to express undertakings; no restriction imposed on who within the plaintiff may see the list if each person gives the undertaking.

Orders

  • ["The defendants' solicitors must provide the un-redacted list so that the plaintiff's legal advisors may show it to the plaintiff." 'Persons within the plaintiff to whom the un-redacted list is shown must give express undertakings to the Court.' 'No restriction is imposed on who within the plaintiff sees the...