Global Smart Cities Pty Ltd v City of Wanneroo [No 2]

Global Smart Cities Pty Ltd (GSC) sought pre-action discovery orders against the City of Wanneroo (City) regarding the City's Request for Tender Number 22007 for Supply Installation, Maintenance, and Advertising on Seats dated 10 January 2022. GSC was unsuccessful in the tender, which was awarded to Muscara Holdings Pty Ltd (Streetside). The City's discovery was made pursuant to orders made by Master Sanderson on 2 September 2022. The documents in dispute were certain documents from the City's discovery, including tender submissions from Natsales, Streetside, and Claude Outdoor, and internal City documents used in its assessment process. The Interested non-Parties, Streetside, Claude Outdoor, and Natsales, sought a confidentiality regime to restrict who on GSC's side might inspect the Disputed Documents. GSC argued that there should be no additional confidentiality regime beyond the Harman obligation and an undertaking from its officers.

The central issue was whether the Disputed Documents should be provided by the City without or with a confidentiality regime. The Interested non-Parties contended that the Disputed Documents should be restricted to inspection by a limited number of solicitors and nominated experts for GSC, while GSC argued for no additional confidentiality regime beyond the Harman obligation and an undertaking from its officers. The court considered the content of the Disputed Documents, the recency of the information, the clear trade rivalry in a small market, GSC's proposal that its executives inspect the Disputed Documents, and the possibility of revisiting the confidentiality regime as the matter progressed towards trial.

The court imposed a confidentiality regime, directing the parties to confer and, if possible, agree on the form of the orders to be made, including the costs. If the parties could not agree, the court would hear from them as to the form of the orders and costs.