Homemaker Hub Pty Limited v Strathfield Council (No 2) [2009] NSWLEC 79

Homemaker Hub Pty Limited v Strathfield Council (No 2) [2009] NSWLEC 79

The broad terms of the confidentiality undertaking currently impede the respondent's case preparation and are unnecessarily onerous. Orders for confidentiality should be limited to what is necessary, and the current orders must be reduced in scope. Necessary disclosure to relevant officers, including the RTA, with appropriate undertakings or amended orders, is justified and proper for case preparation.

Jurisdiction
Australia
Judgment Date
20 May 2009
Procedural Posture
Practice and Procedure / Interlocutory Application Prior to Hearing
Outcome
Confidentiality orders to be reduced in scope; the respondent to have greater latitude in disclosing the data, especially to the RTA, subject to amended terms.
Legal Topics
['confidentiality Undertaking' 'commercial in Confidence Material' 'disclosure in Proceedings' 'use of Documents in Litigation']
['civil Procedure'] ['confidentiality Undertaking' 'commercial in Confidence Material' 'disclosure in Proceedings' 'use of Documents in Litigation']

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Procedural Posture

Practice and Procedure / Interlocutory Application Prior to Hearing

Legal Issues

  1. 1 ['Whether the respondent should be released from a confidentiality undertaking regarding commercial in confidence material' 'Whether the current confidentiality orders should be varied']

Ratio Decidendi

The broad terms of the confidentiality undertaking currently impede the respondent's case preparation and are unnecessarily onerous. Orders for confidentiality should be limited to what is necessary, and the current orders must be reduced in scope. Necessary disclosure to relevant officers, including the RTA, with appropriate undertakings or amended orders, is justified and proper for case preparation.

Court Disposition

Confidentiality orders to be reduced in scope; the respondent to have greater latitude in disclosing the data, especially to the RTA, subject to amended terms.

Orders

  • ['Order 2(a) of the confidentiality undertaking to be removed.' 'Variation of orders 2(c) and 3 regarding minimisation and destruction of copies.' 'Court to confer with parties to finalise amended confidentiality order.' "Provision of Mr Hallam's report to the RTA with confidentiality endorsement permitted."]