WAM Active Limited v Keybridge Capital Limited [2024] NSWSC 1135

Supreme Court New South Wales

Medium Neutral Citation: WAM Active Limited v Keybridge Capital Limited [2024] NSWSC 1135 Hearing dates: 4 September 2024 Date of orders: 4 September 2024 Decision date: 04 September 2024 Jurisdiction: Equity - Corporations List Before: Nixon J Decision: (1) Directs the parties to provide to the Associate to Nixon J, by 4pm on 9 September 2024, short minutes of order to give effect to these reasons for judgment. (2) Directs that, if the parties are unable to agree on orders to give effect to these reasons for judgment, the parties are to notify the Associate to Nixon J, by 4pm on 9 September 2024, and are to provide, at that time, the competing forms of orders. Catchwords: PRACTICE AND PROCEDURE – inspection of documents disclosed in proceedings – whether plaintiff and defendant are trade rivals – whether documents in issue contain commercially sensitive information – whether any commercially sensitive information should be disclosed to a designated officer of the plaintiff Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7-8 Cases Cited: Betfair Pty Ltd v Racing NSW (No 5) [2009] FCA 1011 Bidvest Australia Ltd v Auzcorp Pty Ltd (No 2) [2017] WASCA 23 Cadbury Pty Ltd v Amcor Ltd (No 2) [2009] FCA 663 Hadid v Lenfest Communications Inc (1996) 70 FCR 403 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 ICAP Australia Pty Ltd v Moebes [2010] NSWSC 738 Lenark Pty Ltd v TheChairmen 1 Pty Ltd (No 2) [2012] NSWSC 415 Mobil Oil Australia Ltd & McDonalds Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34 Skyscanner Ltd v Hotels Combined Pty Ltd (No 2) [2016] NSWSC 326 Unilever Australia Ltd v Revlon Australia Pty Ltd (No 3) [2014] FCA 1005 Category: Procedural rulings Parties: WAM Active Limited (Plaintiff) Keybridge Capital Limited (Defendant) Representation: Counsel: D Krochmalik (Plaintiff) A Bulley (Defendant)