Newcrest Mining Limited v Apache Northwest Pty Ltd (No 2) [2008] FCA 1663

Newcrest Mining Limited v Apache Northwest Pty Ltd (No 2) [2008] FCA 1663

A confidentiality regime is to be established to protect commercially sensitive documents, and costs for preliminary discovery are to be dealt with conventionally; if the applicant proceeds with substantive claims within six weeks of inspection, costs shall be costs in that proceeding, otherwise the applicant must pay the respondent's costs.

Jurisdiction
Australia
Judgment Date
07 November 2008
Procedural Posture
Application for Preliminary Discovery / Post Preliminary Discovery Order, Interlocutory Orders Regarding Confidentiality and Costs
Outcome
Interlocutory orders made regarding confidentiality regime and allocation of costs.
Legal Topics
['preliminary Discovery' 'confidentiality Regime' 'costs Orders']
['civil Procedure'] ['preliminary Discovery' 'confidentiality Regime' 'costs Orders']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Post Preliminary Discovery Order, Interlocutory Orders Regarding Confidentiality and Costs

Legal Issues

  1. 1 ['Should a confidentiality regime be put in place for preliminary discovery documents?' 'How should the costs of preliminary discovery be allocated between the parties?']

Ratio Decidendi

A confidentiality regime is to be established to protect commercially sensitive documents, and costs for preliminary discovery are to be dealt with conventionally; if the applicant proceeds with substantive claims within six weeks of inspection, costs shall be costs in that proceeding, otherwise the applicant must pay the respondent's costs.

Court Disposition

Interlocutory orders made regarding confidentiality regime and allocation of costs.

Orders

  • ['Compliance with preliminary discovery order extended to 28 November 2008.' 'Costs of complying with preliminary discovery order to be costs in any subsequent proceeding commenced within six weeks after applicant inspects documents.' 'Applicant to pay costs of preliminary discovery if no proceeding commenced within...