Nash v Resource Pacific Pty Ltd [2013] NSWIRComm 81

Nash v Resource Pacific Pty Ltd [2013] NSWIRComm 81

Resource Pacific Pty Limited is granted leave to have photocopy access to the non-confidential parts of the Court's files in Matters IRC 315 and 316 of 2011, provided there shall be no access to confidential exhibits subject to claims of public interest immunity and client legal privilege, nor to struck out affidavit material not admitted into evidence.

Parties
Applicant on the Notice of Motion/defendant in Substantive Proceedings: Resource Pacific Pty Limited; Prosecutor in the Substantive Proceedings: Jennifer Anne Nash; Respondent on Notice of Motion: Department of Trade and Investment, Regional Infrastructure and Services
Jurisdiction
Australia
Judgment Date
19 September 2013
Procedural Posture
Interlocutory Application / Interlocutory Judgment on Application for Access to Court Files
Outcome
Application granted in part; costs reserved.
Legal Topics
Interlocutory Access to Court Files, Public Interest Immunity, Legal Professional Privilege, Validity of Statutory Appointments, Abuse of Process
Occupational Health and Safety Industrial Relations Interlocutory Access to Court Files Public Interest Immunity Legal Professional Privilege Validity of Statutory Appointments Abuse of Process

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Parties

Resource Pacific Pty Limited

Applicant on the Notice of Motion/defendant in Substantive Proceedings

Jennifer Anne Nash

Prosecutor in the Substantive Proceedings

Department of Trade and Investment, Regional Infrastructure and Services

Respondent on Notice of Motion

Procedural Posture

Interlocutory Application / Interlocutory Judgment on Application for Access to Court Files

Legal Issues

  1. 1 Whether Resource Pacific Pty Limited should be granted access to the Court's files in related prosecutions (IRC 315 and 316 of 2011) except certain confidential or inadmissible material.
  2. 2 Whether claims of public interest immunity or legal professional privilege justify restricting access to court file material.
  3. 3 Whether access is appropriate in proceedings involving disputed privileges or immunities.

Ratio Decidendi

Resource Pacific Pty Limited is granted leave to have photocopy access to the non-confidential parts of the Court's files in Matters IRC 315 and 316 of 2011, provided there shall be no access to confidential exhibits subject to claims of public interest immunity and client legal privilege, nor to struck out affidavit material not admitted into evidence.

Court Disposition

Application granted in part; costs reserved.

Orders

  • Resource Pacific Pty Limited is granted leave to have photocopy access to the Court's files in Matter Nos IRC 315 and 316 of 2011, with no access to confidential exhibits subject to public interest immunity or client legal privilege and no access to struck out affidavit evidence not admitted into evidence.
  • Lawyers for Resource Pacific Pty Limited to make arrangements with the Associate regarding reasonable time and place to inspect the files.