Coryell Holdings Pty Ltd ATF The Walters Family trust & Ors v Braden Kenneth Walters & Anor. [2015] NSWSC 1453

Coryell Holdings Pty Ltd ATF The Walters Family trust & Ors v Braden Kenneth Walters & Anor. [2015] NSWSC 1453

The proposed non-publication order was unnecessary because the proceedings had just commenced, the relevant affidavit had not been read, and access to the filed material was already restricted; it was also inappropriate because any such order should ordinarily be considered when the material is tendered or otherwise used, allowing the Court to identify the relevant power and tailor any order consistently with open justice.

Jurisdiction
Australia
Judgment Date
01 October 2015
Procedural Posture
Procedural and Other Ruling Concerning Confidentiality or Non Publication Order / Equity Duty List; Consent Orders on Interlocutory Relief Application
Outcome
Consent orders made, but the Court declined to make the proposed non-publication order.
Legal Topics
['confidentiality Orders' 'non Publication Orders' 'anonymisation' 'open Justice' 'interlocutory Relief']
['practice and Procedure'] ['confidentiality Orders' 'non Publication Orders' 'anonymisation' 'open Justice' 'interlocutory Relief']

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Procedural Posture

Procedural and Other Ruling Concerning Confidentiality or Non Publication Order / Equity Duty List; Consent Orders on Interlocutory Relief Application

Legal Issues

  1. 1 ['Whether it was appropriate to make a confidentiality or non-publication order at the outset of proceedings before the relevant material was tendered, read or otherwise deployed in court.' "Whether clients' names and addresses in a confidential schedule, exhibit and annexure concerning a rent roll should be protected from publication in any record, reasons for judgment or orders."]

Ratio Decidendi

The proposed non-publication order was unnecessary because the proceedings had just commenced, the relevant affidavit had not been read, and access to the filed material was already restricted; it was also inappropriate because any such order should ordinarily be considered when the material is tendered or otherwise used, allowing the Court to identify the relevant power and tailor any order consistently with open justice.

Court Disposition

Consent orders made, but the Court declined to make the proposed non-publication order.

Orders

  • ['The Court made the consent orders sought by the parties without an order in either form set out in paragraphs [4] and [5] of the reasons.']