Hasna v Crown Melbourne Limited [2021] FCA 1066

Hasna v Crown Melbourne Limited [2021] FCA 1066

Leave was refused because the proceeding was at an early stage, mediation remained an important aspect of the proceeding, and genuine steps statements are intended to encourage dispute resolution rather than form part of the adversarial presentation of evidence. In those circumstances, and given the potential chilling effect on without prejudice communications, release of either party's genuine steps statement was not in the interests of the administration of justice and was not required by open justice principles.

Jurisdiction
Australia
Judgment Date
03 September 2021
Procedural Posture
Civil Proceeding; Non Party Application for Leave to Inspect and Make Copies of a Restricted Document / Determined on the Papers at an Early Stage of the Proceeding
Outcome
Application refused.
Legal Topics
['inspection of Documents by Non Party' 'restricted Documents' 'genuine Steps Statement' 'open Justice' 'without Prejudice Communications' 'judicial Discretion Under R 2.32(4)']
['practice and Procedure' 'civil Dispute Resolution' 'commercial and Corporations' 'consumer Protection'] ['inspection of Documents by Non Party' 'restricted Documents' 'genuine Steps Statement' 'open Justice' 'without Prejudice Communications' 'judicial Discretion Under R 2.32(4)']

Case Brief

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Procedural Posture

Civil Proceeding; Non Party Application for Leave to Inspect and Make Copies of a Restricted Document / Determined on the Papers at an Early Stage of the Proceeding

Legal Issues

  1. 1 ["Whether a non-party should be granted leave under r 2.32(4) of the Federal Court Rules 2011 (Cth) to inspect and make copies of the respondent's genuine steps statement." 'Whether access to a genuine steps statement at an early stage of the proceeding would be consistent with open justice and the administration of justice, including the objectives of civil dispute resolution and mediation.']

Ratio Decidendi

Leave was refused because the proceeding was at an early stage, mediation remained an important aspect of the proceeding, and genuine steps statements are intended to encourage dispute resolution rather than form part of the adversarial presentation of evidence. In those circumstances, and given the potential chilling effect on without prejudice communications, release of either party's genuine steps statement was not in the interests of the administration of justice and was not required by open justice principles.

Court Disposition

Application refused.

Orders

  • ["The application for access to the respondent's genuine steps statement is refused."]