In the matter of Festival Corp Pty Ltd [2020] NSWSC 1637

In the matter of Festival Corp Pty Ltd [2020] NSWSC 1637

Access was granted because the requested documents were within categories to which non-party access is normally available under Practice Note SC Gen 2, the Applicants had a real and proper interest in reviewing material concerning the complex Dyldam Group structure and related disputes, and the Respondents' relevance objections depended on judgments that the Applicants were entitled to assess for themselves. Material in affidavits that was not read in open court could be redacted if the parties wished to provide redacted versions at the Applicants' redaction costs.

Jurisdiction
Australia
Judgment Date
02 November 2020
Procedural Posture
Non Party Application for Access to Court Documents in Equity Corporations List Proceedings / Interlocutory Application
Outcome
Application granted in part; access ordered to specified documents subject to possible redaction of affidavit portions not read in open court.
Legal Topics
['non Party Access to Court Files' 'practice Note SC Gen 2' 'open Justice' 'access to Pleadings and Evidence' 'redaction of Evidence Not Read in Open Court']
['civil Procedure' 'corporations'] ['non Party Access to Court Files' 'practice Note SC Gen 2' 'open Justice' 'access to Pleadings and Evidence' 'redaction of Evidence Not Read in Open Court']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Non Party Application for Access to Court Documents in Equity Corporations List Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether non-party applicants should be granted access to pleadings, evidence and submissions in continuing proceedings under Practice Note SC Gen 2.' 'Whether exceptional circumstances were required before access could be granted to pleadings and evidence in continuing proceedings.' 'Whether parts of affidavits that were not read in open court should be excluded or redacted before access is given.' "Whether the applicants' private interest in separate proceedings and in the affairs of Dyldam Group companies provided a sufficient basis for access."]

Ratio Decidendi

Access was granted because the requested documents were within categories to which non-party access is normally available under Practice Note SC Gen 2, the Applicants had a real and proper interest in reviewing material concerning the complex Dyldam Group structure and related disputes, and the Respondents' relevance objections depended on judgments that the Applicants were entitled to assess for themselves. Material in affidavits that was not read in open court could be redacted if the parties wished to provide redacted versions at the Applicants' redaction costs.

Court Disposition

Application granted in part; access ordered to specified documents subject to possible redaction of affidavit portions not read in open court.

Orders

  • ['The Applicants are to have access to the documents listed in MFI 1.' "Parts of affidavits that were not read in open court are excluded if the parties provide redacted versions to the Applicants at the Applicants' costs of redaction within a short period."]