NSW Caselaw
New South Wales Supreme Court
CITATION : Ontario Teachers' Pension Plan Board & Anor v Macquarie Infrastructure Investment Management Ltd & Anor [2009] NSWSC 300
HEARING DATE(S) : 7/04/09
JUDGMENT DATE : 21 April 2009
JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
DECISION : Orders permitting application in so far as the extension of the undertakings necessary to allow access to the documents to be made available to nominate individuals.
CATCHWORDS : Competing considerations involved in an application to release legal adviser from confidentiality undertaking to permit the disclosure of documents to a party, right of party to litigation to know the case it has to meet and to properly instruct solicitors and counsel
CATEGORY : Procedural and other rulings
C7 Pty Ltd v Foxtel Management Pty Ltd [2002] FCA 1189 Hadid v Lenfest Communications Inc (1996) 70 FCR 403 CASES CITED : ICAP Australia Pty Ltd v BGC Partners (Australia) Pty Ltd [2007] FCA 467 Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1349 Mobil Oil Australia Ltd & McDonalds Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34 Reebok v Sydney Organising Committee for the Olympic Games [2000] NSWSC 295
Ontario Teachers' Pension Plan Board (First Plaintiff) PARTIES : Golden Apple Infrastructure Inc (Second Plaintiff) Macquarie Infrastructure Investment Management Ltd (First Defendant) Macquarie Infrastructure Group International Ltd (Second Defendant)
FILE NUMBER(S) : SC 50031/08
COUNSEL : Mr J Stoljar SC, Mr D Sulan (Plaintiffs) Mr M Pembroke SC, Mr J Williams (Defendants)
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