NorthWest Healthcare Australia RE Limited (as trustee of each of NWH Australia Hold Trust No 2 and NorthWest Australia Hospital Investment No 2 Bid Trust) v Australian Unity Funds Management Ltd & Ors [2022] NSWSC 122

Supreme Court New South Wales

Medium Neutral Citation: NorthWest Healthcare Australia RE Limited (as trustee of each of NWH Australia Hold Trust No 2 and NorthWest Australia Hospital Investment No 2 Bid Trust) v Australian Unity Funds Management Ltd & Ors [2022] NSWSC 122 Hearing dates: 14 February 2022 Date of orders: 16 February 2022 Decision date: 16 February 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders to be made continuing the restriction on access to two of four categories of information. Parties to bring in short minutes of order within 7 days to give effect to this judgment. Catchwords: CIVIL PROCEDURE — Hearings — Suppression and non-publication — where parties are trade rivals — where dispute as to the confidential nature of valuation information — whether the Court should extend confidentiality orders previously made Legislation Cited: - Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 3, 4, 6, 7 - Federal Court of Australia Act 1976 (Cth), s 37AG Cases Cited: - Australian Broadcasting Commission v Parish (1980) 43 FLR 129 - Harman v Secretary of State for the Home Department [1983] 1 AC 280 - Hogan v Australian Crime Commission (2010) 240 CLR 651 - Lenark Pty Limited v TheChairmen1 Pty Limited & Ors (No 2) [2012] NSWSC 415 - Lend Lease (Millers Point) Pty Ltd v Barangaroo Delivery Authority [2013] NSWSC 1848 - Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34 - Re Application by LGSS Pty Ltd (aft Local Government Super) [2021] NSWSC 1613 - Rinehart v Welker [2011] NSWCA 403 Category: Procedural rulings Parties: NorthWest Healthcare Australia RE Limited (as trustee of each of NWH Australia Hold Trust No 2 and NorthWest Australia Hospital Investment No 2 Bid Trust) (Plaintiff/Respondent) Australian Unity Funds Management Limited (as responsible entity of Australian Unity Healthcare Property Trust) (First Defendant/Applicant) Australia Unity Strategic Holdings Pty Ltd (Second Defendant) Australian Unity Limited (Third Defendant) Dexus Funds Management Ltd (Fourth Defendant) Dexus Wholesale Management Ltd (Fifth Defendant) Representation: Counsel: T Wong SC/T Phillips (Plaintiff/Respondent) S Nixon/J Rudd (First Defendant/Applicant) D Xin (Solicitor) (Second and Third Defendants) N Oates (Fourth and Fifth Defendants)