Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 6) [2016] NSWSC 1279

Supreme Court New South Wales

Medium Neutral Citation: Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 6) [2016] NSWSC 1279 Hearing dates: 23 August 2016; Written submissions filed 1 and 2 September 2016 Date of orders: 13 September 2016 Decision date: 13 September 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Order 3 made on 26 June 2016 be set aside; (2) On or before 16 September 2016, the plaintiff is to provide to each defendant that supplies an executed written undertaking in the form of annexure 2 to the judgment in Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 6) [2016] NSWSC 1279 copies of: (a) A standalone copy of the version of the hydraulic model software used by Dr Altinakar in preparing his reports of 25 September 2015 and 29 October 2015 in a form that is able to be utilised in Australia; and (b) All of the input files necessary to reproduce the model scenarios presented in Dr Altinakar's reports of 25 September 2015 and 29 October 2015 including, but not limited to, terrain data files, model boundary files including location and magnitude, model terrain roughness, parameter inputs and case configuration files. (3) The parties have liberty to apply in respect of the costs of the application made to the Court on 23 August 2016. Catchwords: DISCOVERY – order for production of hydraulic model and associated data – whether implied undertaking sufficient protection for owners of model – whether production of material should be subject to written confidentiality undertaking – form of undertaking – whether undertaking should be proffered to owners of model – whether undertaking should require recipients to acknowledge confidentiality and commercial value of hydraulic model – HELD: written undertaking required but not in form required by plaintiff Cases Cited: Alcoa of Australia Ltd v Apache Energy Ltd [2014] WASCA 148 Director of Public Prosecutions v Australian Broadcasting Corporation and Others (1987) 7 NSWLR 588 European Asian Bank AG v Wentworth (1986) 5 NSWLR 445 Harman v Secretary of State for Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 ICAP Australia v Forrest Moebes [2010] NSWSC 738 Kirby v Centro Properties Ltd [2009] FCA 695 Lenark Pty Limited v TheChairmen1 Pty Ltd [2012] NSWSC 124 Mahon v Rahn [No 1] [1998] QB 424 Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] VR 2 34 Prudential Assurance Co Ltd v Fountain Page Ltd [1991] WLR 756 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater [2014] NSWSC 1565 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority trading as Seqwater (No 3) [2015] NSWSC 838 Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 4) [2015] NSWSC 1352 Category: Procedural and other rulings Parties: Rodriguez & Sons Pty Ltd (Plaintiff) Queensland Bulk Water Supply Authority (t/as Seqwater) – First Defendant Sun Water Limited – Second Defendant State of Queensland – Third Defendant Representation: Counsel: N.J. Owens, R.A. Yezerski – Plaintiff D. Klineberg – First Defendant D. Williams SC, N. Simpson – Second Defendant G.A. Thompson QC, J.M. Horton QC, E. Morzone – Third Defendant