Northern Inland Credit Union Limited v Temenos Australia Operations Pty Ltd [2024] NSWSC 920

Supreme Court New South Wales

Medium Neutral Citation: Northern Inland Credit Union Limited v Temenos Australia Operations Pty Ltd [2024] NSWSC 920 Hearing dates: 25 July 2024 Decision date: 30 July 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) The plaintiff is to produce to the defendant a copy of the document titled "General Terms and Conditions for Temenos Cloud Services Agreement (21 January 2019)" that is unredacted to the extent (if at all) that it contains advice upon, or is otherwise relevant to, the issues in the proceedings. (2) The plaintiff is to produce to the defendant a copy of the "KPMG Report" (appearing at pages 66 to 71 of Exhibit JO-2) that is unredacted to the extent (if at all) that it contains advice upon, or is otherwise relevant to, the issues in the proceedings. (3) The defendant's Notice of Motion filed on 4 July 2024 otherwise be dismissed; (4) The costs of the Notice of Motion be costs in the cause. Catchwords: CIVIL PROCEDURE — Discovery — Objection to inspection — Redaction — Privilege — Waiver Legislation Cited: Australian Consumer Law Evidence Act 1995 (NSW) Cases Cited: GR Capital Group Pty Ltd v Xinfeng Australia International Investment Pty Ltd [2020] NSWCA 266 Grocon Group Holdings Pty Limited v Infrastructure NSW (No 2) [2023] NSWSC 1144 Lewis v Lewis (2021) 105 NSWLR 487; [2021] NSWCA 168 Mann v Carnell (1999) 201 CLR 1; [1999] HCA 66 Telstra Corp Ltd v Australis Media Holdings (Supreme Court (NSW), McLelland CJ in Eq, 10 February 1997, unrep) Category: Procedural rulings Parties: Northern Inland Credit Union Limited (Plaintiff | Respondent) Temenos Australia Operations Pty Ltd (Defendant | Applicant) Representation: Counsel: BF Katekar SC with D Southwood (Plaintiff | Respondent) AE Munro with NL Gollan (Defendant | Applicant)