Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd and Another (1011/2019) [2020] ZASCA 110 (29 September 2020)

Application by a subcontractor for the disclosure by a contractor of
information concerning initiative/incentive arrangements concluded between contractor and employer – disclosure sought to assess subcontractor’s entitlement to contractual benefits in terms of the subcontract– right to information recognised as an incident of the contractor’s duty of good faith and the cooperation required of parties to have an informed understanding of their rights and duties – no conflict of duties found to prevent the contractor from making disclosure – confidentiality claim unfounded- order of court below modified consistent with the scope of the subcontractor’s right.