Forestview Nominees Pty Ltd v Perpetual Trustees W.A. Ltd [1998] FCA 946

Forestview Nominees Pty Ltd v Perpetual Trustees W.A. Ltd [1998] FCA 946

The confidentiality orders bound the applicant companies, the statement of charges sufficiently identified them, and the failure by their solicitor acting within actual authority to give the required notice and obtain acknowledgments and undertakings before expert access to the subpoenaed documents constituted civil contempt by the applicant companies and Mr Panegyres. The Court declined to impose punishment or record convictions, but made remedial and costs orders.

Jurisdiction
Australia
Judgment Date
25 June 1998
Procedural Posture
Notice of Motion for Civil Contempt Arising From Alleged Breaches of Confidentiality Orders in Federal Court Proceedings / Ex Tempore Reasons for Judgment on the Notice of Motion
Outcome
Motion granted in part. Civil contempt found against Forestview Nominees Pty Ltd, Silkchime Pty Ltd and Mr John Panegyres, but no convictions or punishment were imposed. Motion dismissed as against Mr Carey.
Legal Topics
['subpoenas to Produce Documents' 'confidentiality Orders' 'civil Contempt' 'access to Subpoenaed Documents by Expert Witnesses' "attribution of Solicitor's Omissions to Client" 'costs']
['civil Procedure' 'contempt of Court' 'competition and Consumer Law'] ['subpoenas to Produce Documents' 'confidentiality Orders' 'civil Contempt' 'access to Subpoenaed Documents by Expert Witnesses' "attribution of Solicitor's Omissions to Client" 'costs']

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Procedural Posture

Notice of Motion for Civil Contempt Arising From Alleged Breaches of Confidentiality Orders in Federal Court Proceedings / Ex Tempore Reasons for Judgment on the Notice of Motion

Legal Issues

  1. 1 ['Whether the confidentiality orders made on 26 September 1997 bound the applicant companies or only their solicitors.' 'Whether the statement of charges sufficiently identified the applicant companies as parties charged with contempt.' 'Whether the failure to give 14 days notice before producing subpoenaed documents to an expert witness and the failure to obtain acknowledgments and undertakings before access amounted to civil contempt.' "Whether the omissions of the applicants' solicitor, acting within actual authority, were acts or omissions of the applicant companies." "What remedies or orders should be made, including costs and restrictions concerning Mr Wilson's evidence."]

Ratio Decidendi

The confidentiality orders bound the applicant companies, the statement of charges sufficiently identified them, and the failure by their solicitor acting within actual authority to give the required notice and obtain acknowledgments and undertakings before expert access to the subpoenaed documents constituted civil contempt by the applicant companies and Mr Panegyres. The Court declined to impose punishment or record convictions, but made remedial and costs orders.

Court Disposition

Motion granted in part. Civil contempt found against Forestview Nominees Pty Ltd, Silkchime Pty Ltd and Mr John Panegyres, but no convictions or punishment were imposed. Motion dismissed as against Mr Carey.

Orders

  • ["The respondents to the motion, namely the applicants and Mr Panegyres, are to pay the moving parties' costs to be taxed on the basis that all reasonable costs incurred in relation to the motion should be paid." 'The motion is dismissed as against Mr Carey.' 'An order is made in terms of paragraph 2 of the motion...