Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2002] FCA 1029

Petrotimor Companhia de Petroleos S.A.R.L. v Commonwealth of Australia [2002] FCA 1029

The notice of motion should not be dismissed, but should be stood over until as soon as reasonably practicable after the Full Court gives judgment on the separate question, because deciding the access motion before then would undermine the existing case management of the principal proceedings and could risk pre-empting the Full Court's decision.

Jurisdiction
Australia
Judgment Date
08 August 2002
Procedural Posture
Notice of Motion Seeking Access by the Applicants' Solicitors to Documents Lodged With the Court / Motion Stood Over Pending Judgment of the Full Court on a Separate Question in the Principal Proceedings
Outcome
Notice of motion stood over; costs reserved.
Legal Topics
['access to Documents Lodged With the Court' 'case Management' 'separate Question Before Full Court' 'permanent Stay or Summary Dismissal' 'preservation of Evidence']
['civil Procedure'] ['access to Documents Lodged With the Court' 'case Management' 'separate Question Before Full Court' 'permanent Stay or Summary Dismissal' 'preservation of Evidence']

Case Brief

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Procedural Posture

Notice of Motion Seeking Access by the Applicants' Solicitors to Documents Lodged With the Court / Motion Stood Over Pending Judgment of the Full Court on a Separate Question in the Principal Proceedings

Legal Issues

  1. 1 ["Whether the applicants' notice of motion for confidential access by their legal representatives to documents lodged with the Court should be heard before the Full Court determines the separate question in the principal proceedings." "Whether case management considerations required deferral of the motion to avoid undermining existing processes or pre-empting the Full Court's decision."]

Ratio Decidendi

The notice of motion should not be dismissed, but should be stood over until as soon as reasonably practicable after the Full Court gives judgment on the separate question, because deciding the access motion before then would undermine the existing case management of the principal proceedings and could risk pre-empting the Full Court's decision.

Court Disposition

Notice of motion stood over; costs reserved.

Orders

  • ['The notice of motion be stood over to a date to be fixed as soon as practicable after the judgment is given by the Full Court, such date, if not agreed between the parties, to be fixed by arrangement with my associate.' 'Costs reserved.']