Global Smart Cities Pty Ltd v City of Wanneroo [No 3]

The parties to the case were Global Smart Cities Pty Ltd, the applicant, and the City of Wanneroo, the respondent. The dispute involved a request for pre-action discovery, with interested non-parties seeking a confidentiality regime. The matter was heard in the Supreme Court of Western Australia. The court was required to determine whether a confidentiality order should be imposed, and if so, what form it should take. Additionally, the court had to consider an application for the judge to disqualify himself due to apprehended bias and an alleged denial of procedural fairness.

The court first examined the application for a confidentiality order, providing reasons as to why such an order should be imposed. It directed the parties and interested non-parties to confer on the form of the confidentiality orders. Subsequently, the applicant made an application for the judge to disqualify himself, alleging bias and a denial of procedural fairness. The court denied the application, finding no basis for the alleged bias and no procedural unfairness.

The court's reasoning was that there was no evidence of bias or unfairness in the initial decision to grant the confidentiality order. It found that the applicant's concerns were speculative and did not amount to a real danger of bias. The court held that the initial decision-making process was fair, and there was no basis for the judge to disqualify himself. The subsequent application for disqualification was dismissed.

The court's final orders were that the confidentiality regime, as agreed upon by the parties and interested non-parties, should be implemented. The application for the judge's disqualification was dismissed, and the initial decision regarding the confidentiality order was upheld.