HUNGRY JACK'S v BURGER KING [1999] NSWSC 112

HUNGRY JACK'S v BURGER KING [1999] NSWSC 112

Leave is granted to the plaintiff to administer interrogatories on the defendant regarding the use (both positive and negative) of confidential information, because these are matters solely within the defendant's knowledge, the interrogatories are properly framed, go to an issue, are not oppressive in number or timing in the circumstances, and are necessary for just preparation and for the fair disposal of the proceedings. The plaintiff has provided as particularised a case as possible given its position.

Jurisdiction
Australia
Judgment Date
24 February 1999
Procedural Posture
Commercial / Pre Trial Interlocutory Application Regarding Leave to Administer Interrogatories
Outcome
Leave granted to plaintiff to administer interrogatories to the second defendant (Shell), subject to argument on objections to specific interrogatories.
Legal Topics
['confidential Information' 'discovery and Interrogatories' 'breach of Duty of Confidence']
['commercial Law' 'equity' 'civil Procedure'] ['confidential Information' 'discovery and Interrogatories' 'breach of Duty of Confidence']

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Procedural Posture

Commercial / Pre Trial Interlocutory Application Regarding Leave to Administer Interrogatories

Legal Issues

  1. 1 ['Whether leave should be granted to the plaintiff to administer interrogatories to the second defendant regarding the alleged misuse of confidential information']

Ratio Decidendi

Leave is granted to the plaintiff to administer interrogatories on the defendant regarding the use (both positive and negative) of confidential information, because these are matters solely within the defendant's knowledge, the interrogatories are properly framed, go to an issue, are not oppressive in number or timing in the circumstances, and are necessary for just preparation and for the fair disposal of the proceedings. The plaintiff has provided as particularised a case as possible given its position.

Court Disposition

Leave granted to plaintiff to administer interrogatories to the second defendant (Shell), subject to argument on objections to specific interrogatories.

Orders

  • ["Grant of leave to Hungry Jack's Pty Limited to administer interrogatories in the form of Exhibit A to The Shell Company of Australia Limited, subject to further consideration of objections to particular interrogatories." 'Notice of Motion stood over until Friday, 5 March 1999.' "Costs of the argument reserved,...