SUPREME COURT OF QUEENSLAND
CITATION:
BSO Network Inc v EMClarity Pty Ltd [2020] QSC 186
PARTIES:
BSO NETWORK INC COMPANY NO. 4980727
(First Plaintiff)
APSARA NETWORKS INC
(Second Plaintiff)AND
EMCLARITY PTY LTD ACN 88 139 128 180
(Defendant)
FILE NO/S:
BS No 12112 of 2019
DIVISION:
Trial Division
PROCEEDING:
Application
ORIGINATING COURT:
Brisbane Supreme Court
DELIVERED ON:
19 June 2020
DELIVERED AT:
Brisbane
HEARING DATE:
4 June 2020
JUDGE:
Brown J
ORDER:
The order of the Court is that:
1. These reasons are only to be published to the parties until further order.
2. The matter will be listed for mention on Monday, 22 June 2020 for submissions as to costs and the appropriate form of order.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – DISCOVERY AND INTERROGATORIES – DISCOVERY AND INSPECTION OF DOCUMENTS – PRODUCTION AND INSPECTION OF DOCUMENTS – DOCUMENTS IN POSSESSION OF NON-PARTY – where plaintiffs claim for specific performance and breach of confidence – where plaintiff alleges objective likelihood of noncompliance with r 211 – where documents would be with third-party in United States – where defendant subsidiary of third-party – whether defendant should disclose documents in identified categories – whether a Sabre order should be granted against Unites States parent company
Uniform Civil Procedure Rules 1999 (Qld) r 211, r 223, r 367
Archer Capital 4A Pty Ltd as trustee for the Archer Capital Trust 4A v Sage Group plc (No 3) (2013) 306 ALR 414, considered
Ceneavenue Pty Ltd v Martin [2008] SASC 332, cited
Harris v Australand[2010] QSC 385, considered
In the matter of Kavia Holdings Pty Limited (Administrators Appointed) (Receivers and Managers appointed) [2013] NSWSC 1269, considered
Integrated Medical Technology Pty Ltd v Gilbert (No 2)[2015] QSC 124, considered
McGoldrick v Sports TG Pty Ltd [2019] NSWSC 1154, considered
Mercantile Mutual Custodians Pty Ltd v Village/Nine Network Restaurants & Bars Pty Ltd [2001] 1 Qd R 276; [1999] QCA 276, considered
Psalidis v Norwich Union Life Australia Ltd (2009) 29 VR 123, considered
Sabre Corporation Pty Ltd v Russ Calvin’s Haircare Company (1993) 46 FCR 428, followed
Sogelease Australia Ltd v Griffin [2003] NSWSC 178, consideredThe Queensland Local Government SuperannuationBoard vAllen[2016] QCA 325, cited
COUNSEL:
D O’Brien QC with F Lubett for the plaintiffs
G Beacham QC with G Coveney for the defendantSOLICITORS:
Johnson Winter & Slattery for the plaintiffs
Ashurst Australia for the defendantApplication
The Plaintiffs seek orders requiring the Defendant (EMC) to:
(a)complete disclosure as required by r 211 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) which it contends if viewed objectively, is likely to be incomplete; or
(b)request certain documents from its parent company, McKay Brothers LLC (McKay) which it contends are directly relevant to the issues in the proceeding, and are likely to be in the possession of McKay (a Sabre order).
Background
The following matters are…
Keep reading for free
Create a free CaseChat account to read Bso Network Inc v EMClarity Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] QSC 186
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the defendant should disclose documents in the specified categories and whether a Sabre order should be granted against the United States-based parent company of the defendant. The court had to balance the need for discovery and inspection of documents with the potential impact on commercially sensitive information.
The court determined that the defendant should request the relevant documents from the third-party within a reasonable timeframe and subsequently file an affidavit detailing the steps taken and any documents provided. The court also concluded that a Sabre order should be issued, thereby requiring the United States parent company to disclose the necessary documents. The reasons for the decision were to be published to the parties only until a specified date to allow for consideration of any confidential matters. The matter was listed for further mention to address costs and the form of order.
The final order mandated that the reasons be published to the parties only until further order, and the matter was scheduled for a mention on 22 June 2020 to discuss costs and the appropriate form of order.
Orders
Orders of the court
The order of the Court is that:
1. These reasons are only to be published to the parties until further order.
2. The matter will be listed for mention on Monday, 22 June 2020 for submissions as to costs and the appropriate form of order.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.