Cantor v Audi Australia Pty Limited (No 6) [2020] FCA 658

Cantor v Audi Australia Pty Limited (No 6) [2020] FCA 658

The affidavit paragraphs were not suppressed because the information was confined to the present litigation, was germane to Grosvenor's common fund order application, and did not engage the requirement in s 37AG(1)(a). The specified clauses and parts of clauses in the Vannin Finance Agreement were suppressed because they concerned litigation other than the Volkswagen litigation, identified parties other than Grosvenor and Vannin involved in financing that other litigation, and contained highly sensitive commercial material unrelated to the present litigation that should be protected from disclosure.

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Class Actions; Application for Suppression or Non Publication Orders / Judgment on Grosvenor Litigation Services Pty Ltd's Application to Suppress Certain Information
Outcome
Grosvenor's application for suppression or non-publication orders was allowed in part.
Legal Topics
['federal Court Suppression Orders' 'proper Administration of Justice' 'confidential Litigation Funding Information' 'common Fund Order Evidence']
['civil Procedure' 'class Actions' 'litigation Funding' 'suppression and Non Publication Orders'] ['federal Court Suppression Orders' 'proper Administration of Justice' 'confidential Litigation Funding Information' 'common Fund Order Evidence']

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Procedural Posture

Class Actions; Application for Suppression or Non Publication Orders / Judgment on Grosvenor Litigation Services Pty Ltd's Application to Suppress Certain Information

Legal Issues

  1. 1 ["Whether paragraphs 76–78, 96(d) and 97 of Mr Hill's affidavit should be subject to a suppression or non-publication order." 'Whether particular clauses or parts of clauses in the Vannin Finance Agreement should be subject to a suppression or non-publication order under ss 37AF and 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The affidavit paragraphs were not suppressed because the information was confined to the present litigation, was germane to Grosvenor's common fund order application, and did not engage the requirement in s 37AG(1)(a). The specified clauses and parts of clauses in the Vannin Finance Agreement were suppressed because they concerned litigation other than the Volkswagen litigation, identified parties other than Grosvenor and Vannin involved in financing that other litigation, and contained highly sensitive commercial material unrelated to the present litigation that should be protected from disclosure.

Court Disposition

Grosvenor's application for suppression or non-publication orders was allowed in part.

Orders

  • ["In NSD 1307 of 2015, pursuant to s 37AF and s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth), until further order, the scheduled information must not be disclosed by publication or otherwise to any person other than the Court, the applicant, and the applicant's legal representatives for the purpose of...