Streetscape Projects (Australia) Pty Ltd v City of Sydney (No 2)

The case of *Streetscape Projects (Australia) Pty Ltd v City of Sydney (No 2)* was heard in the Court of Appeal of New South Wales, with Meagher, Barrett, and Ward JJA presiding. The dispute concerned an application by the City of Sydney to vary or set aside previous orders made by the court, alleging a misapprehension of law and fact, and also involved an appeal and cross-appeal concerning the scope of a remitter for re-trial.

The primary legal issues before the Court of Appeal were whether the City of Sydney's application to vary or set aside existing orders should be granted, and the appropriate orders to be made in relation to an appeal and cross-appeal concerning the remittal of proceedings for re-trial. Specifically, the court had to determine the extent to which previous interlocutory orders should be varied pending the re-trial, and how costs should be allocated.

The Court of Appeal dismissed the City of Sydney's application to vary or set aside orders, finding no basis for such an application. The court allowed the appeal in part, varying certain interlocutory orders to impose restraints on the defendants pending the re-trial. These variations included restraining the defendants from manufacturing, distributing, or selling specific poles and accessories, disclosing or using confidential information, and using certain moulds or registered designs. The court also set aside one previous order and varied another concerning the payment of costs. Crucially, the proceedings were remitted to the Equity Division for a re-trial on amended pleadings, with the central issues to be determined being whether certain information was confidential, whether there was a breach of an equitable duty of confidence, and what relief should be granted against the second appellant for knowing involvement in such breaches. The court also made specific orders regarding the costs of the appeal and cross-appeal.