Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1349

Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1349

The Court was not prepared to grant a general order permitting Mr Ward to inspect all confidential documents. Although it accepted counsel's general assurance that advice could not be meaningfully given without communicating confidential material to Mr Ward, any disclosure had to be limited to what was necessary for the proper conduct of the litigation. Full disclosure of particular information would require the applicant's written consent or a further ruling by the Court on a specific application, with the applicant heard in confidential session if necessary.

Jurisdiction
Australia
Judgment Date
20 September 2001
Procedural Posture
Interlocutory Application for Permission to Inspect Confidential Documents on Discovery in Trade Practices Act Proceedings / Respondent's Notice of Motion
Outcome
Motion stood over generally, with liberty to restore; no order for costs of the motion to date.
Legal Topics
['inspection of Confidential Documents' 'confidentiality Undertakings' 'disclosure to Consultants' 'trade Secrets and Confidential Information' 'section 50 Acquisition Proceedings']
['practice and Procedure' 'discovery' 'competition and Consumer Law'] ['inspection of Confidential Documents' 'confidentiality Undertakings' 'disclosure to Consultants' 'trade Secrets and Confidential Information' 'section 50 Acquisition Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application for Permission to Inspect Confidential Documents on Discovery in Trade Practices Act Proceedings / Respondent's Notice of Motion

Legal Issues

  1. 1 ["Whether the respondent's consultant, who was not an independent expert, should be permitted to inspect confidential documents discovered by the applicant upon giving a confidentiality undertaking." "How to balance the respondent's need to obtain effective legal advice and manage the litigation against the applicant's confidentiality interests in documents containing pricing and other confidential material."]

Ratio Decidendi

The Court was not prepared to grant a general order permitting Mr Ward to inspect all confidential documents. Although it accepted counsel's general assurance that advice could not be meaningfully given without communicating confidential material to Mr Ward, any disclosure had to be limited to what was necessary for the proper conduct of the litigation. Full disclosure of particular information would require the applicant's written consent or a further ruling by the Court on a specific application, with the applicant heard in confidential session if necessary.

Court Disposition

Motion stood over generally, with liberty to restore; no order for costs of the motion to date.

Orders

  • ['Motion stood over generally, with liberty to restore.']