Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Limited (de registered) (No 2) [2024] FCA 326

Ligon 158 Pty Limited (in liq) v Shield Holdings Australia Pty Limited (de registered) (No 2) [2024] FCA 326

Making the suppression and non-publication orders is necessary to prevent prejudice to the proper administration of justice by preserving the confidentiality of a settlement deed, encouraging settlement, and respecting prior confidentiality undertakings to third parties, balanced against the principle of open justice.

Jurisdiction
Australia
Judgment Date
03 April 2024
Procedural Posture
Practice and Procedure / Application for Non Publication/suppression Orders
Outcome
Application for non-publication and suppression orders granted.
Legal Topics
['suppression Orders' 'confidentiality of Settlement' 'administration of Justice']
['practice and Procedure' 'commercial Law' 'corporations Law'] ['suppression Orders' 'confidentiality of Settlement' 'administration of Justice']

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Procedural Posture

Practice and Procedure / Application for Non Publication/suppression Orders

Legal Issues

  1. 1 ['Whether non-publication or suppression orders should be made over parts of reasons and submissions disclosing terms of a confidential settlement deed' 'Whether such orders are necessary to prevent prejudice to the proper administration of justice']

Ratio Decidendi

Making the suppression and non-publication orders is necessary to prevent prejudice to the proper administration of justice by preserving the confidentiality of a settlement deed, encouraging settlement, and respecting prior confidentiality undertakings to third parties, balanced against the principle of open justice.

Court Disposition

Application for non-publication and suppression orders granted.

Orders

  • ['Specified parts of the reasons for judgment dated 6 March 2024 and the joint submissions filed 28 March 2024 are to be kept confidential and not published or disclosed except as authorised by the orders.' 'These materials to be held securely by the Court, both physically and electronically, and only accessible by...