Gebauer Nominees Pty Ltd v Cole

[2008] WASCA 38

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Discretionary judgment
4. › Practice and procedure
5. › Whether error in exercise of discretion
6. › Whether substantial injustice
1. Practice and Procedure
2. › Interlocutory orders
3. › Inspection of confidential material
4. › Expert evidence
5. › Trade secrets
6. › Whether genuine and reasonable concern that confidentiality be lost
7. › Availability of alternative expert
1. Evidence
2. › Expert evidence
3. › Selection of expert
4. › Confidentiality of trade secrets
5. › Whether expert is trade rival or potential trade rival
6. › Whether alternative expert available

Quick Take

Where a party's nominated expert has a professional interest in the subject matter of a trade secret, a court may refuse to permit that expert access to confidential information if an alternative expert of equivalent expertise is available. The availability of an alternative expert and a reserved liberty to renew the application will negate any claim of substantial injustice.

Case Details

Citation[2008] WASCA 38

CourtWASCA

JurisdictionWestern Australia

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Relies on6

2002Hotrox Charcoal Company v Gebauer Nominees Pty LtdWASCA 293
1981Adam P Brown Male Fashions Pty Ltd v Philip Morris IncHCA 39
1953Australian Coal and Shale Employees' Federation v The Commonwealth ; (1953) 94HCA 25
1936House v RHCA 40
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