JKC Australia LNG Pty Ltd v AkzoNobel NV [2019] FCA 1032

JKC Australia LNG Pty Ltd v AkzoNobel NV [2019] FCA 1032

Access to the discovered documents as proposed by JKC, with a confidentiality regime for certain documents, is justified because it is likely to contribute to just resolution of potential separate disputes with INPEX, and JKC could otherwise obtain the documents via other means. The interests of justice are served by permitting limited use outside these proceedings, subject to confidentiality safeguards.

Parties
Applicant: JKC Australia LNG Pty Ltd; First Respondent: AkzoNobel NV; Second Respondent: International Paint Limited
Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Interlocutory Application / Judgment on Application for Release From Implied Undertaking
Outcome
Application granted; orders made releasing applicants from implied undertaking, subject to specified confidentiality regime and procedures.
Legal Topics
Implied Undertaking, Discovery of Documents, Confidentiality in Litigation
Practice and Procedure Commercial Law Implied Undertaking Discovery of Documents Confidentiality in Litigation

Case Brief

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Parties

JKC Australia LNG Pty Ltd

Applicant

AkzoNobel NV

First Respondent

International Paint Limited

Second Respondent

Procedural Posture

Interlocutory Application / Judgment on Application for Release From Implied Undertaking

Legal Issues

  1. 1 Whether to release the applicant from the implied undertaking (Harman undertaking) regarding discovered documents for use in separate legal advice and potential proceedings
  2. 2 Whether a confidentiality regime is appropriate for certain confidential documents

Ratio Decidendi

Access to the discovered documents as proposed by JKC, with a confidentiality regime for certain documents, is justified because it is likely to contribute to just resolution of potential separate disputes with INPEX, and JKC could otherwise obtain the documents via other means. The interests of justice are served by permitting limited use outside these proceedings, subject to confidentiality safeguards.

Court Disposition

Application granted; orders made releasing applicants from implied undertaking, subject to specified confidentiality regime and procedures.

Orders

  • Applicant and its external legal representatives released from obligations to use specified discovered documents only for this proceeding, for permitted use in anticipated claims and disputes with INPEX and Ichthys relating to Intertherm 228 coating on the Ichthys Onshore Project.
  • Confidential documents may only be accessed by defined categories of persons connected to the applicant, each of whom must sign a confidentiality undertaking.