FEDERAL COURT OF AUSTRALIA
Lamson Concepts Pty Ltd v Oscuro (No 2) [2025] FCA 1100
File number: NSD 501 of 2025
NSD 564 of 2025Judgment of: VANDONGEN J Date of judgment: 8 September 2025 Catchwords: PRACTICE AND PROCEDURE - application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) prohibiting disclosure of commercially sensitive information - whether orders necessary to prevent prejudice to proper administration of justice - application granted Legislation: Evidence Act 1995 (Cth) s 75
Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG
Federal Court Rules 2011 (Cth) r 9.02
Cases cited: Australian Securities and Investments Commission v eToro AUS Capital Limited [2025] FCA 100
Lamson Concepts Pty Ltd v Oscuro [2025] FCA 579
Division: General Division Registry: New South Wales National Practice Area: Commercial and Corporations Sub-area: Commercial Contracts, Banking, Finance and Insurance Number of paragraphs: 22 Date of hearing: 13 May 2025 Counsel for the Applicants: Mr D Mahendra Solicitor for the Applicants: Citation Legal Counsel for the Respondents: Dr M Wolff Solicitor for the Respondents: Prior Law ORDERS
NSD 501 of 2025 BETWEEN: LAMSON CONCEPTS PTY LTD
Applicant
AND: NICHOLAS OSCURO
First Respondent
DAVID SCHMIDT
Second RespondentAIR-LOG AUSTRALIA PTY LTD (ACN 684 381 691)
Third Respondent
ORDER MADE BY:
VANDONGEN J
DATE OF ORDER:
8 SEPTEMBER 2025
THE COURT ORDERS THAT:
1.The applicant's application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) is allowed.
2.By 4.00 pm (AWST) on 10 September 2025, the parties are to file a joint minute of proposed orders or, if they are unable to agree, competing minutes of proposed orders, to give effect to these reasons.
3.There be liberty to apply generally upon giving 24 hours' notice.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
NSD 564 of 2025 BETWEEN: LAMSON CONCEPTS PTY LTD
Applicant
AND: DAVID SCHMIDT
First RespondentAIR-LOG AUSTRALIA PTY LTD (ACN 684 381 691)
Second Respondent
ORDER MADE BY:
VANDONGEN J
DATE OF ORDER:
8 SEPTEMBER 2025
THE COURT ORDERS THAT:
1.The applicant's application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) is allowed.
2.By 4.00 pm (AWST) on 10 September 2025, the parties are to file a joint minute of proposed orders or, if they are unable to agree, competing minutes of proposed orders, to give effect to these reasons.
3.There be liberty to apply generally upon giving 24 hours' notice.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
VANDONGEN J:
I have previously summarised the relevant background to these proceedings in Lamson Concepts Pty Ltd v Oscuro [2025] FCA 579 and in Lamson Concepts Pty Ltd v Schmidt [2025] FCA 677. I will use the defined…
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- Case
- [2025] FCA 1100
- Decision Date
CaseChat Overview and Summary
The court examined the evidence provided by Lamson and determined that certain information in the affidavits was indeed commercially sensitive and should be protected to maintain the integrity of the litigation process and to prevent potential harm to Lamson's business interests. The court accepted Lamson's submissions that disclosure of the specified information could provide competitors with an unfair advantage and potentially damage Lamson's relationships with clients, contractors, and suppliers.
Accordingly, the court granted the application for suppression orders. The court ordered that by a specified date, the parties were to file a joint minute of proposed orders or, if they were unable to agree, competing minutes of proposed orders. The court also allowed for general liberty to apply for further orders with 24 hours' notice.
The court's decision underscores the importance of protecting commercially sensitive information in legal proceedings to ensure fair competition and protect business interests.
Orders
Orders of the court
1. The applicant's application for suppression orders pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) is allowed.
2. By 4.00 pm (AWST) on 10 September 2025, the parties are to file a joint minute of proposed orders or, if they are unable to agree, competing minutes of proposed orders, to give effect to these reasons.
3. There be liberty to apply generally upon giving 24 hours' notice.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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