Westpac Banking Corporation v Forum Finance Pty Limited (Greek Telephone Number) [2021] FCA 1340

Westpac Banking Corporation v Forum Finance Pty Limited (Greek Telephone Number) [2021] FCA 1340

The Court is satisfied that a suppression order restricting disclosure of Mr Papas' Greek telephone number is necessary to prevent prejudice to the proper administration of justice, specifically to preserve its usefulness in effecting service of court documents, while permitting access by relevant legal representatives.

Parties
First Applicant: Westpac Banking Corporation; Second Applicant: Westpac New Zealand Limited; First Respondent: Forum Finance Pty Limited (in liquidation); Second Respondent: Basile Papadimitriou; Third Respondent: Vincenzo Frank Tesoriero; Party: Smartprint Fleet Management Pty Ltd (in liquidation) (receivers appointed); Party: SMBC Leasing & Finance; Receiver: Mark Robinson; Receiver: Antony Resnick; Liquidator: Jason Preston; Liquidator: Jason Ireland; Solicitor for Second Respondent: Mr Panetta
Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Interlocutory Application / Application for Suppression Order and Disclosure of Contact Details
Outcome
Interlocutory application dismissed with no order as to costs. Suppression order made restricting disclosure of Greek telephone number, permitting access to specified legal representatives.
Legal Topics
Suppression Orders, Service of Documents, Open Justice
Practice and Procedure Banking and Finance Commercial Law Suppression Orders Service of Documents Open Justice

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Parties

Westpac Banking Corporation

First Applicant

Westpac New Zealand Limited

Second Applicant

Forum Finance Pty Limited (in liquidation)

First Respondent

Basile Papadimitriou

Second Respondent

Vincenzo Frank Tesoriero

Third Respondent

Smartprint Fleet Management Pty Ltd (in liquidation) (receivers appointed)

Party

SMBC Leasing & Finance

Party

Mark Robinson

Receiver

Antony Resnick

Receiver

Jason Preston

Liquidator

Jason Ireland

Liquidator

Mr Panetta

Solicitor for Second Respondent

Procedural Posture

Interlocutory Application / Application for Suppression Order and Disclosure of Contact Details

Legal Issues

  1. 1 Whether a suppression order should be made regarding disclosure of Mr Papas' Greek telephone number
  2. 2 Whether order is necessary to prevent prejudice to proper administration of justice

Ratio Decidendi

The Court is satisfied that a suppression order restricting disclosure of Mr Papas' Greek telephone number is necessary to prevent prejudice to the proper administration of justice, specifically to preserve its usefulness in effecting service of court documents, while permitting access by relevant legal representatives.

Court Disposition

Interlocutory application dismissed with no order as to costs. Suppression order made restricting disclosure of Greek telephone number, permitting access to specified legal representatives.

Orders

  • The interlocutory application dated 28 September 2021 filed by Antony Resnick and Mark Robinson, as receivers of Smartprint Fleet Management Pty Limited (receivers appointed) (in liquidation), and the interlocutory application dated 2 October 2021 filed by Westpac are both dismissed with no order as to costs.
  • Disclosure of the exhibit marked 'RVP-02' is prohibited pursuant to s 37AF(1) of the Federal Court of Australia Act 1976 (Cth), except to legal representatives of specified parties and liquidators as outlined in the order.