Energy World Corporation Limited v Standard Chartered Private Equity (Singapore) Pte Ltd [2020] NSWSC 1348

Energy World Corporation Limited v Standard Chartered Private Equity (Singapore) Pte Ltd [2020] NSWSC 1348

The price at which Standard Chartered agreed to sell the Notes to Augusta is not presently relevant, as its relevance will only arise if plaintiffs succeed on issues not yet determined. Therefore, Augusta should be permitted to redact the price in the Transaction Agreement at this stage.

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Civil Procedure – Notice to Produce / Interlocutory Application
Outcome
Order to the effect of Second Defendant's notice of motion granted
Legal Topics
['notice to Produce' 'confidentiality' 'redaction' 'relevance of Evidence']
['civil Procedure'] ['notice to Produce' 'confidentiality' 'redaction' 'relevance of Evidence']

Case Brief

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Procedural Posture

Civil Procedure – Notice to Produce / Interlocutory Application

Legal Issues

  1. 1 ['Whether Augusta should be permitted to redact the price ascribed to the Notes in the Transaction Agreement produced in response to a notice to produce' 'Whether the price information is relevant to the present stage of proceedings']

Ratio Decidendi

The price at which Standard Chartered agreed to sell the Notes to Augusta is not presently relevant, as its relevance will only arise if plaintiffs succeed on issues not yet determined. Therefore, Augusta should be permitted to redact the price in the Transaction Agreement at this stage.

Court Disposition

Order to the effect of Second Defendant's notice of motion granted

Orders

  • ['Augusta is permitted to produce a redacted version of the Transaction Agreement, redacting the price ascribed to the Notes' 'Parties to confer and agree on precise terms of the orders to give effect to these reasons']