Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 6)

In Rodriguez & Sons Pty Ltd v Queensland Bulk Water Supply Authority t/as Seqwater (No 6), the dispute centred on the production of a hydraulic model and related data that were sought by Rodriguez & Sons in their claim against Seqwater. The case was heard in the Queensland Supreme Court. Rodriguez & Sons argued that the hydraulic model was integral to their case and sought an order for Seqwater to produce it, along with relevant data. Seqwater resisted the application, arguing that the model was proprietary and confidential, and that any production should be subject to stringent confidentiality protections.

The legal issues the court had to decide included whether an implied undertaking by the plaintiff was sufficient to protect the owners of the hydraulic model, whether the production of the material should be subject to a written confidentiality undertaking, the form that such an undertaking should take, and whether the undertaking should be proffered to the owners of the model. The court also had to consider whether the undertaking should require recipients to acknowledge the confidentiality and commercial value of the hydraulic model.

The Supreme Court held that while a written undertaking was necessary, it did not have to be in the exact form proposed by Rodriguez & Sons. The court determined that an undertaking acknowledging the confidentiality and commercial value of the model was appropriate but could be tailored to meet the requirements of the case. The court found that the form of the undertaking should be flexible enough to ensure adequate protection for the owners of the model while also being practical for the parties involved. The court ordered that Seqwater provide a written confidentiality undertaking to Rodriguez & Sons, but the specific terms of that undertaking could be negotiated between the parties.