Napier City Council v Stuff Limited

[2020] NZHC 137

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-000526

[2020] NZHC 137

BETWEEN

NAPIER CITY COUNCIL

Plaintiff

AND

STUFF LIMITED

First Defendant

MARTY SHARPE

Second Defendant

On the Papers
Counsel:	No appearances
Judgment:	11 February 2020

JUDGMENT OF DOOGUE J

[1]                 The defendants are in possession of confidential and privileged information as a result of the plaintiff inadvertently uploading the information to its publicly available website.

[2]On 5 September 2019 Churchman J made the following interim orders:

(a)Until further order of the Court, the defendants are restrained from disclosing or publishing or causing or permitting to be disclosed or published to any person the Confidential and Privileged Information (as defined in the statement of claim), other than to their legal advisers.

(b)All details in the Court file of the Confidential and Privileged Information (as defined in the statement of claim) to be suppressed.

(c)The parties have leave to apply on 24 hours’ notice.

(d)Costs are reserved.

NAPIER CITY COUNCIL v STUFF LIMITED & ANOR [2020] NZHC 137 [11 February 2020]

[3]                 The plaintiff then applied for a permanent injunction restraining the defendants from using the Confidential and Privileged Information for any purpose and a fixture was allocated for 10 February 2020.

[4]                 For the avoidance of doubt, the Confidential and Privileged Information does not include facts in the public domain, including the fact that the plaintiff is a defendant to proceedings in the High Court and the fact that the plaintiff has made and continues to make provision for contingent liabilities relating to those proceedings.

[5]The parties now seek orders by consent bringing these proceedings to a close.

[6]                 I am satisfied based on the evidence before the Court and the submissions filed by the parties that the following orders and directions should issue: –

Orders

(a)A permanent injunction restraining the defendants from using the Confidential and Privileged Information for any purpose.

(b)Within five (5) working days the defendants shall:

(i)return to the plaintiff all hard copies of the Confidential and Privileged Information in their possession or control; and

(ii)irretrievably delete all electronic copies of the Confidential and Privileged Information in their possession or control and;

(iii)file an affidavit confirming that such deletions have been made.

Directions

(a)The issue of costs is to be determined on the papers.

(b)The plaintiff shall file and serve any memorandum on costs by 17 February 2020.

(c)The defendants shall file and serve any memorandum on costs by 24 February 2020.

Doogue J

Solicitors:

Rice Speir, Auckland