Rauland Australia Pty Ltd v Law (No 2) [2020] FCA 1400

Rauland Australia Pty Ltd v Law (No 2) [2020] FCA 1400

Special circumstances exist to release Rauland from its Harman undertaking regarding the documents: the documents are likely to be relevant and of utility to the related New Zealand proceeding; they are likely to be tendered in evidence in this proceeding in due course; and confidentiality concerning certain documents can be adequately protected by undertakings from New Zealand lawyers.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Interlocutory Application / Judgment on Application for Release From Harman Undertakings
Outcome
Application granted in part; applicant released from Harman undertaking subject to confidentiality undertakings for one document; second respondent to pay its own costs.
Legal Topics
['implied Harman Undertaking' 'discovery' 'confidential Information' 'inter Jurisdictional Use of Documents']
['practice and Procedure' 'intellectual Property'] ['implied Harman Undertaking' 'discovery' 'confidential Information' 'inter Jurisdictional Use of Documents']

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Procedural Posture

Interlocutory Application / Judgment on Application for Release From Harman Undertakings

Legal Issues

  1. 1 ['Whether applicant should be released from the Harman undertakings regarding discovered documents for use in a New Zealand proceeding' 'Consideration of special circumstances justifying release from the implied undertaking to the court' 'Proper handling of confidential documents in cross-border litigation']

Ratio Decidendi

Special circumstances exist to release Rauland from its Harman undertaking regarding the documents: the documents are likely to be relevant and of utility to the related New Zealand proceeding; they are likely to be tendered in evidence in this proceeding in due course; and confidentiality concerning certain documents can be adequately protected by undertakings from New Zealand lawyers.

Court Disposition

Application granted in part; applicant released from Harman undertaking subject to confidentiality undertakings for one document; second respondent to pay its own costs.

Orders

  • ['Leave granted to the applicant to use three specified documents in the New Zealand proceeding (Rauland NZ Ltd v Conrad Delvo in the ERA file no. 3068897), subject to orders 2 and 3.' 'Documents (a) and (b) may be provided to Rauland NZ Ltd and its external legal representatives for use in the NZ proceeding.'...