In the matter of FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2017] NSWSC 630

In the matter of FAL Healthy Beverages Pty Ltd and FAL Retail Pty Ltd [2017] NSWSC 630

The non-publication order was justified under s 8(1)(e) because preserving confidentiality of the settlement figure would promote the public interest in effective settlements and significantly outweighed the qualified public interest in open justice, as the reasoning in the earlier judgment could still be followed without the exact figure. The stricter ground in s 8(1)(a) was not satisfied because publication of a figure relevant to the Court's reasoning would not prejudice the proper administration of justice. The recall and amendment application was refused because the impugned passages were relevant factual findings and reasoning necessary to determine the claim against Mr Xenos and...

Jurisdiction
Australia
Judgment Date
11 May 2017
Procedural Posture
Equity Corporations List; Procedural and Other Rulings / Interlocutory Process and Oral Application Concerning Non Publication, Recall and Amendment of Judgment
Outcome
Non-publication order granted; application to recall and amend judgment dismissed; Sixth, Seventh and Eighth Defendants ordered to pay half of the Plaintiffs' costs of the application.
Legal Topics
['non Publication Orders' 'suppression of Settlement Information' 'recall and Amendment of Judgment' 'consent Judgment' 'res Judicata and Issue Estoppel' 'costs']
['evidence' 'civil Procedure' 'corporations'] ['non Publication Orders' 'suppression of Settlement Information' 'recall and Amendment of Judgment' 'consent Judgment' 'res Judicata and Issue Estoppel' 'costs']

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Procedural Posture

Equity Corporations List; Procedural and Other Rulings / Interlocutory Process and Oral Application Concerning Non Publication, Recall and Amendment of Judgment

Legal Issues

  1. 1 ['Whether publication or other disclosure of a settlement payment figure appearing in paragraphs 2 and 165 of Re FAL Healthy Beverages Pty Limited and FAL Retail Pty Limited [2017] NSWSC 476 should be prohibited under the Court Suppression and Non-publication Orders Act 2010 (NSW).' 'Whether the judgment should be recalled and amended to refer to the consent judgment in favour of Yates Beaggi and to delete or alter findings concerning Yates Beaggi or Mr Amirbeaggi.' 'Whether the Sixth, Seventh and Eighth Defendants should pay costs of the application.']

Ratio Decidendi

The non-publication order was justified under s 8(1)(e) because preserving confidentiality of the settlement figure would promote the public interest in effective settlements and significantly outweighed the qualified public interest in open justice, as the reasoning in the earlier judgment could still be followed without the exact figure. The stricter ground in s 8(1)(a) was not satisfied because publication of a figure relevant to the Court's reasoning would not prejudice the proper administration of justice. The recall and amendment application was refused because the impugned passages were relevant factual findings and reasoning necessary to determine the claim against Mr Xenos and...

Court Disposition

Non-publication order granted; application to recall and amend judgment dismissed; Sixth, Seventh and Eighth Defendants ordered to pay half of the Plaintiffs' costs of the application.

Orders

  • ['Until further order, pursuant to s 7(b) of the Court Suppression and Non-publication Orders Act 2010 (NSW) upon the ground in s 8(1)(e), publication or other disclosure of the figure appearing between the words "payment of" and "made by Yates Beaggi" in paragraph 2 of the Judgment and the figure appearing between...