Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46

HIGH COURT OF AUSTRALIA

FRENCH CJ, KIEFEL, BELL, GAGELER AND KEANE JJ

EXPENSE REDUCTION ANALYSTS GROUP PTY LTD & ORS APPELLANTS

AND

ARMSTRONG STRATEGIC MANAGEMENT AND MARKETING PTY LIMITED & ORS RESPONDENTS

Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 6 November 2013 S118/2013

ORDER

1. Appeal allowed.

2. Application for special leave to cross-appeal dismissed.

3. Set aside orders 4 to 10 of the Court of Appeal of the Supreme Court of New South Wales made on 18 December 2012 and, in their place, order that:

(a) the appeal to that Court be dismissed; and

(b) the respondents pay the appellants' costs of the appeal to that Court.

4. Set aside order 3 of the Supreme Court of New South Wales made on 4 May 2012 and, in its place, order that the respondents pay the appellants' costs of the Amended Notice of Motion dated 24 February 2012.

5. The respondents pay the appellants' costs of this appeal and the respondents' application for special leave to cross-appeal.

6. With respect to the documents numbered 9, 10, 11 and 19 in Exhibit A Confidential in the Supreme Court of New South Wales, within seven days of the making of this order, the respondents must:

(a) deliver up all hard copies of the four documents in their possession, custody or power to the solicitors for the appellants;

(b) return any computer disk containing copies of the four documents in their possession, custody or power to the solicitors for the appellants;

(c) delete all electronic copies of the four documents; and

(d) provide written confirmation of compliance with this order to the solicitors for the appellants.

7. The interim order with respect to confidential documents made by consent on 31 October 2013 be continued.

On appeal from the Supreme Court of New South Wales