Autodata Limited v Boyce's Automotive Data Pty Limited

Autodata Limited initiated proceedings against Boyce's Automotive Data Pty Limited, alleging infringement of copyright in manuals and CD-ROMs containing technical information about motor vehicles. After mediation, the parties signed a Deed of Settlement and Release, which required Boyce to prepare and provide a report detailing measures to address the alleged infringement. This report, referred to as "the Report," was marked as confidential and was provided to Autodata on 13 September 2007. Boyce subsequently objected to an article published by Autodata on its website, which they believed disclosed information from the Report. Boyce sought an order restraining Autodata from disclosing the contents of the Report.

The legal issue before the court was whether the Report, which contained internal business decisions and procedures of Boyce, was confidential and if Boyce would suffer significant disadvantage or damage if the information was disclosed to the public. Boyce argued that the Report contained sensitive internal information and that its disclosure would cause harm, relying on established principles of confidentiality as outlined in previous case law. However, Boyce did not provide specific evidence of the harm that would result from the disclosure of the Report.

In dismissing Boyce's application for confidentiality with costs, the court noted that although some parts of the Report were considered confidential, Boyce did not provide sufficient evidence of the significant disadvantage or damage that would result from its disclosure. The court further noted that the Deed of Settlement and Release did not explicitly state that the Report would be treated as confidential, and thus Boyce's claim for confidentiality was not well-founded. The court concluded that Boyce's application for an order to restrain Autodata from disclosing the contents of the Report was dismissed with costs.