Truth About Motorways v Macquarie Infrastructure Investment Management

The High Court of Australia considered a dispute between Truth About Motorways (TAM) and Macquarie Infrastructure Investment Management (MIIM) concerning the interpretation of a confidentiality agreement. The core of the disagreement revolved around whether MIIM had breached its obligations by disclosing certain information to a third party.

The central legal issue before Gaudron J was whether the information disclosed by MIIM to a third party fell within the scope of the confidentiality agreement. Specifically, the court had to determine if the information was "confidential information" as defined by the agreement and if its disclosure constituted a breach of the contractual obligations owed to TAM.

Gaudron J's reasoning focused on the plain meaning of the confidentiality agreement and the nature of the information disclosed. The judge applied principles of contractual interpretation, emphasizing that the terms of the agreement would govern the parties' rights and obligations. The court considered whether the information was publicly available or otherwise excluded from the definition of confidential information under the contract. The outcome of the application was that the application for an interlocutory injunction was dismissed.