SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD

The Tribunal found Shell had justified redaction of its points of reply against competitor Taching but had not discharged the burden to justify redaction against Meyer; Meyer (not a competitor) demonstrated a real need for two named in‑house employees (CEO James Cheng and CAO Sandy Chan) to be members of the confidentiality ring subject to undertakings and the modified Draft Protocol; the staged approach remains appropriate and parties may seek specific confidentiality treatment for individual documents; interim case management directions and provisional costs orders were made on a nisi basis.

Citation
[2019] HKCT 1
Parties
Plaintiff (cta 1/2018): Taching Petroleum Company Limited; Plaintiff (cta 2/2018): Shell Hong Kong Limited; Defendant (cta 1/2018 and CTA 2/2018): Meyer Aluminium Limited
Court
Competition Tribunal
Jurisdiction
Hong Kong
Judgment Date
22 February 2019
Case Number
CTA2/2018
Procedural Posture
Competition Tribunal Proceedings Addressing Ancillary Discovery/confidentiality and Redaction Issues Arising From Related High Court Actions / Second Case Management Conference (interlocutory; Hearing of Confidentiality and Redaction Summonses)
Outcome
Shell granted retrospective leave to redact its points of reply as against Taching only; Shell’s redaction as against Meyer refused; Meyer’s summonses granted to admit two named in‑house employees to the confidentiality ring; case management directions adopted with adjustments; provisional costs orders made on a...
Legal Topics
Confidentiality Ring, Discovery and Inspection, Redaction of Pleadings, Case Management Directions, Costs Allocation
Source Language
EN
Competition Law Civil Procedure Evidence Law Confidentiality and Trade Secrets Confidentiality Ring Discovery and Inspection Redaction of Pleadings Case Management Directions +1 more

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Parties

Taching Petroleum Company Limited

Plaintiff (cta 1/2018)

Shell Hong Kong Limited

Plaintiff (cta 2/2018)

Meyer Aluminium Limited

Defendant (cta 1/2018 and CTA 2/2018)

Procedural Posture

Competition Tribunal Proceedings Addressing Ancillary Discovery/confidentiality and Redaction Issues Arising From Related High Court Actions / Second Case Management Conference (interlocutory; Hearing of Confidentiality and Redaction Summonses)

Legal Issues

  1. 1 Whether non‑legal in‑house employees of Meyer may be admitted to a confidentiality ring permitting inspection of confidential documents
  2. 2 Whether Shell may redact parts of its points of reply against Meyer and/or Taching
  3. 3 Proper legal test and burden for restricting inspection where confidentiality is claimed

Ratio Decidendi

The Tribunal found Shell had justified redaction of its points of reply against competitor Taching but had not discharged the burden to justify redaction against Meyer; Meyer (not a competitor) demonstrated a real need for two named in‑house employees (CEO James Cheng and CAO Sandy Chan) to be members of the confidentiality ring subject to undertakings and the modified Draft Protocol; the staged approach remains appropriate and parties may seek specific confidentiality treatment for individual documents; interim case management directions and provisional costs orders were made on a nisi basis.

Court Disposition

Shell granted retrospective leave to redact its points of reply as against Taching only; Shell’s redaction as against Meyer refused; Meyer’s summonses granted to admit two named in‑house employees to the confidentiality ring; case management directions adopted with adjustments; provisional costs orders made on a...

Orders

  • Unredacted points of reply to be disclosed in full to Meyer
  • Shell granted retrospective leave to redact its points of reply as against Taching only