Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 4) [2024] NSWSC 657

Supreme Court New South Wales

Medium Neutral Citation: Metro Environmental Logistics Pty Ltd v Newcastle Port Corporation (No 4) [2024] NSWSC 657 Hearing dates: 28 May 2024 Date of orders: 28 May 2024 Decision date: 29 May 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Unredacted copies of litigation funding agreement not to be provided to defendant Catchwords: COSTS – security for costs – relevant factors – whether ordering security would stultify proceedings – belated production of litigation funding agreement with private lenders – agreement produced with redactions – whether unredacted copy should be made available to defendant EVIDENCE – privileges – legal professional privilege – where litigation funding agreement in non-representative proceedings – whether details of manner in which lenders might share in claim proceeds should be disclosed to defendant – whether clauses were subject to legal professional privilege – whether clauses contained commercially sensitive information – whether disclosure would confer tactical advantage on defendant – relevance of provision in Practice Note SC Gen 17 concerning redaction of funding agreements to conceal information that might confer tactical advantage on defendant Cases Cited: Coffs Harbour City Council v Australian and New Zealand Banking Group Limited (t/as ANZ Investment Bank) [2016] FCA 306 Texts Cited: Practice Note SC Gen 17 Category: Procedural rulings Parties: Metro Environmental Logistics Pty Ltd (Plaintiff/Respondent) Newcastle Port Corporation trading as Port Authority of New South Wales (Defendant/Applicant) Representation: Counsel: S T White SC / D Tynan (Plaintiff/Respondent) J A Hogan-Doran SC / A A Cameron (Defendant/Applicant)