Fletcher and Barnet, in the matter of Octaviar Limited (Receivers and Managers Appointed) (In Liq) and Octaviar Administration Pty Ltd (In Liq) (No 3) [2011] FCA 494

Fletcher and Barnet, in the matter of Octaviar Limited (Receivers and Managers Appointed) (In Liq) and Octaviar Administration Pty Ltd (In Liq) (No 3) [2011] FCA 494

The confidentiality order remains necessary to prevent prejudice to the administration of justice in litigation involving the liquidators and Fortress. No sufficient change in circumstances has occurred to justify varying or discharging the order at this stage. If Fortress’s application for leave to appeal succeeds, any question of disclosure will be for the appeal court.

Jurisdiction
Australia
Judgment Date
13 May 2011
Procedural Posture
Interlocutory Application / Application to Vary Confidentiality Order; Determination of That Application
Outcome
Application to vary confidentiality order dismissed; applicant ordered to pay plaintiffs' costs
Legal Topics
['interlocutory Orders' 'confidentiality Orders' 'administration of Justice' "liquidators' Powers" 's 50 Federal Court Act' 's 477 Corporations Act']
['practice and Procedure' 'corporations Law'] ['interlocutory Orders' 'confidentiality Orders' 'administration of Justice' "liquidators' Powers" 's 50 Federal Court Act' 's 477 Corporations Act']

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Procedural Posture

Interlocutory Application / Application to Vary Confidentiality Order; Determination of That Application

Legal Issues

  1. 1 ['Whether it is necessary to vary or discharge a confidentiality order under s 50 Federal Court of Australia Act 1976 (Cth)' 'Whether continuing the confidentiality order is necessary to prevent prejudice to the administration of justice']

Ratio Decidendi

The confidentiality order remains necessary to prevent prejudice to the administration of justice in litigation involving the liquidators and Fortress. No sufficient change in circumstances has occurred to justify varying or discharging the order at this stage. If Fortress’s application for leave to appeal succeeds, any question of disclosure will be for the appeal court.

Court Disposition

Application to vary confidentiality order dismissed; applicant ordered to pay plaintiffs' costs

Orders

  • ['The application made by Fortress Credit Corporation (Australia) II Pty Limited be dismissed.' "Fortress Credit Corporation (Australia) II Pty Limited pay the plaintiffs' costs of the application."]