Loti Tuqiri & Anor v Australian Rugby Union Limited & Anor [2009] NSWSC 781

Loti Tuqiri & Anor v Australian Rugby Union Limited & Anor [2009] NSWSC 781

Access was granted because, once the Commercial List Summons and Commercial List Statement had been filed and the matter moved into the courtroom, the pleaded case was to be treated as before the Court and as having occurred in open court. Practice Note SC Gen 2 was engaged because the documents sought recorded what was said or done in open court or information that would have been heard or seen by a person present in open court. Alternatively, exceptional circumstances warranted access because of the public interest in fair reports of proceedings and the right of all persons to make fair reports of proceedings initiated in courts. Access was subject to redaction of a sensitive section...

Jurisdiction
Australia
Judgment Date
07 August 2009
Procedural Posture
Application by Non Parties for Access to a Court File in Commercial List Proceedings / Ex Tempore Procedural Ruling on Media Applicants' Application for Access to the Commercial List Summons and Commercial List Statement
Outcome
Media applicants granted access to the Court file subject to redaction, with orders stayed until midnight on 10 August 2009 and costs reserved.
Legal Topics
['access to Court File by Non Parties' 'commercial List Proceedings' 'fair and Accurate Reports of Court Proceedings' 'public Administration of Justice' 'redaction of Sensitive Material']
['civil Procedure' 'open Justice' 'media Law'] ['access to Court File by Non Parties' 'commercial List Proceedings' 'fair and Accurate Reports of Court Proceedings' 'public Administration of Justice' 'redaction of Sensitive Material']

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Procedural Posture

Application by Non Parties for Access to a Court File in Commercial List Proceedings / Ex Tempore Procedural Ruling on Media Applicants' Application for Access to the Commercial List Summons and Commercial List Statement

Legal Issues

  1. 1 ['Whether media applicants should be granted access to the court file, including the Commercial List Summons and Commercial List Statement, before a response to the Commercial List Statement was filed.' 'Whether the principle of open justice and Practice Note SC Gen 2 entitled non-parties to access documents recording what was said or done in open court or information heard or seen in open court.' "Whether any section of the plaintiffs' contentions should be redacted before access was granted."]

Ratio Decidendi

Access was granted because, once the Commercial List Summons and Commercial List Statement had been filed and the matter moved into the courtroom, the pleaded case was to be treated as before the Court and as having occurred in open court. Practice Note SC Gen 2 was engaged because the documents sought recorded what was said or done in open court or information that would have been heard or seen by a person present in open court. Alternatively, exceptional circumstances warranted access because of the public interest in fair reports of proceedings and the right of all persons to make fair reports of proceedings initiated in courts. Access was subject to redaction of a sensitive section...

Court Disposition

Media applicants granted access to the Court file subject to redaction, with orders stayed until midnight on 10 August 2009 and costs reserved.

Orders

  • ["Subject to the redaction of the section of the plaintiffs' contentions which commences with the letter E, ABCTV News, The Australian, The Daily Telegraph, Channel Nine, AAP, Fox Sports News, Harbour Radio, Channel Seven, ABC Radio, Fairfax Media Publications Pty Ltd, SBS Broadcasting and Seven Network be granted...