The Court refused a restriction order sought by the defendants over parts of reasons delivered on a strike-out application, holding that the information in the reasons was general and historical and that the defendants had not established a realistic risk of commercial disadvantage. The Court distinguished earlier confidentiality findings by [name withheld] on the basis that ASX announcements disclosing material terms of the agreement had not been before his Honour, that the application concerned published reasons rather than court documents containing specific contractual terms, and that over three years had elapsed. The Court held that the proposed redactions would effectively render key parts of the reasons unintelligible and keep the core substance of the dispute from the public, though it allowed a limited redaction of one passage that might enable competitors to estimate a price range.
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