Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17

Motorola Solutions, Inc. v Hytera Communications Corporation Ltd (No 2) [2018] FCA 17

Disclosure of confidential information relating to a licensing agreement would put Hytera at a competitive disadvantage and prejudice the administration of justice, justifying a suppression order, but on the evidence, the order should last only as long as reasonably necessary—here, 3 years.

Parties
Applicant: Motorola Solutions, Inc.; First Respondent: Hytera Communications Corporation Ltd; Second Respondent: Hytera Communications (Australia) Pty Ltd ACN 165 879 701
Jurisdiction
Australia
Judgment Date
25 January 2018
Procedural Posture
Interlocutory Application / Suppression or Non Publication Order Determination
Outcome
Suppression and non-publication orders granted with amendment as to duration.
Legal Topics
Suppression Order, Non Publication Order, Confidential Information, Administration of Justice, Open Justice
Practice and Procedure Suppression Order Non Publication Order Confidential Information Administration of Justice Open Justice

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Parties

Motorola Solutions, Inc.

Applicant

Hytera Communications Corporation Ltd

First Respondent

Hytera Communications (Australia) Pty Ltd ACN 165 879 701

Second Respondent

Procedural Posture

Interlocutory Application / Suppression or Non Publication Order Determination

Legal Issues

  1. 1 Whether to make a suppression or non-publication order under s 37AF of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether such an order is necessary to prevent prejudice to the proper administration of justice
  3. 3 Appropriate duration for a suppression/non-publication order

Ratio Decidendi

Disclosure of confidential information relating to a licensing agreement would put Hytera at a competitive disadvantage and prejudice the administration of justice, justifying a suppression order, but on the evidence, the order should last only as long as reasonably necessary—here, 3 years.

Court Disposition

Suppression and non-publication orders granted with amendment as to duration.

Orders

  • Access to and disclosure of certain confidential annexures and documents is restricted to parties and their legal representatives.
  • The restriction operates for 3 years from the final trial date, or until further order.