Deputy Commissioner of Taxation v Shi (No 2) [2019] FCA 503

Deputy Commissioner of Taxation v Shi (No 2) [2019] FCA 503

The affidavits and exhibits were admitted into evidence and were used or deployed because Yates J had access to them, took them away during the adjournment, read the material or parts of it, and relied on it in making freezing orders and appointing provisional liquidators. The fact that the material was read in closed court or in Chambers, or that the proceedings were ex parte, did not displace the open justice principle. Because there was no continuing need for secrecy after the police raids and service of departure prohibition notices, the suppression applications were dismissed and leave to inspect the affidavits and exhibits was granted.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Interlocutory Applications for Suppression or Non Publication Orders and Application for Leave to Inspect Documents / Interlocutory Applications Heard on 9 April 2019; Judgment and Orders Delivered on 12 April 2019
Outcome
The amended interlocutory applications for suppression were dismissed, and Mr Dan Oakes of the Australian Broadcasting Corporation was granted leave to inspect the two affidavits and exhibits.
Legal Topics
['suppression or Non Publication Orders' 'inspection of Court Documents by Non Parties' 'open Justice' 'affidavits and Exhibits Read in Closed Court or in Chambers' 'freezing Orders and Appointment of Provisional Liquidators']
['practice and Procedure' 'taxation'] ['suppression or Non Publication Orders' 'inspection of Court Documents by Non Parties' 'open Justice' 'affidavits and Exhibits Read in Closed Court or in Chambers' 'freezing Orders and Appointment of Provisional Liquidators']

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Procedural Posture

Interlocutory Applications for Suppression or Non Publication Orders and Application for Leave to Inspect Documents / Interlocutory Applications Heard on 9 April 2019; Judgment and Orders Delivered on 12 April 2019

Legal Issues

  1. 1 ['Whether affidavits and exhibits read in closed court or in Chambers were used or deployed so as to engage the open justice principle.' 'Whether suppression or non-publication orders should be made over the affidavits and exhibits pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth).' 'Whether Mr Dan Oakes of the Australian Broadcasting Corporation should be granted leave under r 2.32(4) of the Federal Court Rules 2011 (Cth) to inspect the affidavits and exhibits.']

Ratio Decidendi

The affidavits and exhibits were admitted into evidence and were used or deployed because Yates J had access to them, took them away during the adjournment, read the material or parts of it, and relied on it in making freezing orders and appointing provisional liquidators. The fact that the material was read in closed court or in Chambers, or that the proceedings were ex parte, did not displace the open justice principle. Because there was no continuing need for secrecy after the police raids and service of departure prohibition notices, the suppression applications were dismissed and leave to inspect the affidavits and exhibits was granted.

Court Disposition

The amended interlocutory applications for suppression were dismissed, and Mr Dan Oakes of the Australian Broadcasting Corporation was granted leave to inspect the two affidavits and exhibits.

Orders

  • ['The amended interlocutory applications dated 9 April 2019 filed in proceedings NSD 2193 of 2018 and NSD 2194 of 2018 are dismissed.' 'Pursuant to rule 2.32(4) of the Federal Court Rules 2011 (Cth), Mr Dan Oakes of the Australian Broadcasting Corporation, have leave to inspect the affidavit of Mr Aris Zafiriou...