Lenark Pty Limited v TheChairmen1 Pty Limited & Ors [2012] NSWSC 124

Lenark Pty Limited v TheChairmen1 Pty Limited & Ors [2012] NSWSC 124

The Defendants must identify and particularise confidentiality claims over discovered documents prior to seeking to restrict access, as the obligation is on the party asserting confidentiality. Lenark is not required to identify needed documents first. Appropriate orders are made to set timeframes and procedures for this identification and application process. Costs follow the outcome for each interlocutory process.

Parties
Plaintiff: Lenark Pty Limited; Defendants: The Chairmen1 Pty Limited & Ors; Plaintiff: James Chisholm; Plaintiff: Kimberley Chisholm; Plaintiff: Left Brain Strategies Pty Limited
Jurisdiction
Australia
Judgment Date
22 February 2012
Procedural Posture
Interlocutory Applications / Ruling on Two Interlocutory Processes: One Dismissed by Consent, Orders Made on Second (discovery Confidentiality)
Outcome
First Interlocutory Process (dated 13 December 2011) dismissed by consent; Orders 1-3 (as amended) of the second Interlocutory Process (dated 16 February 2012) made.
Legal Topics
Discovery, Confidentiality, Application for Release From Confidentiality Undertakings
Practice and Procedure Equity Discovery Confidentiality Application for Release From Confidentiality Undertakings

Case Brief

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Parties

Lenark Pty Limited

Plaintiff

The Chairmen1 Pty Limited & Ors

Defendants

James Chisholm

Plaintiff

Kimberley Chisholm

Plaintiff

Left Brain Strategies Pty Limited

Plaintiff

Procedural Posture

Interlocutory Applications / Ruling on Two Interlocutory Processes: One Dismissed by Consent, Orders Made on Second (discovery Confidentiality)

Legal Issues

  1. 1 Whether confidentiality undertakings over discovered documents should be released and on what basis claims for confidentiality must be made
  2. 2 How and when parties must identify documents and grounds for confidentiality in the context of ongoing Discovery

Ratio Decidendi

The Defendants must identify and particularise confidentiality claims over discovered documents prior to seeking to restrict access, as the obligation is on the party asserting confidentiality. Lenark is not required to identify needed documents first. Appropriate orders are made to set timeframes and procedures for this identification and application process. Costs follow the outcome for each interlocutory process.

Court Disposition

First Interlocutory Process (dated 13 December 2011) dismissed by consent; Orders 1-3 (as amended) of the second Interlocutory Process (dated 16 February 2012) made.

Orders

  • Interlocutory Process filed 13 December 2011 dismissed by consent.
  • Orders 1-3 of Interlocutory Process filed 16 February 2012, as amended, are made (with date changes and order wording specified in the reasons).