In the Matter of Movitor Pty Ltd (Receiver and Manager appointed) (in liq) Sims, Anthony Milton (Applicant) [1996] FCA 206

In the Matter of Movitor Pty Ltd (Receiver and Manager appointed) (in liq) Sims, Anthony Milton (Applicant) [1996] FCA 206

The exhibits identified by the applicant should be kept confidential because they either comprise or record confidential legally privileged communications between the applicant and his legal advisers or record discussions with creditors about proposed funding contributions that were intended by the participants to be confidential.

Jurisdiction
Australia
Judgment Date
29 March 1996
Procedural Posture
Application by Liquidator for Directions Under S. 479(3) the Corporations Law and for Confidentiality Orders Under S. 50 the Federal Court of Australia Act 1976 (cth) / Reasons for Judgment and Minutes of Orders on Confidentiality Application
Outcome
Confidentiality orders made.
Legal Topics
['liquidator Directions' 'funding Arrangement' 'confidentiality Orders' 'legal Professional Privilege' 'inspection of Court Documents']
['corporations' 'bankruptcy' 'federal Court Procedure'] ['liquidator Directions' 'funding Arrangement' 'confidentiality Orders' 'legal Professional Privilege' 'inspection of Court Documents']

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Procedural Posture

Application by Liquidator for Directions Under S. 479(3) the Corporations Law and for Confidentiality Orders Under S. 50 the Federal Court of Australia Act 1976 (cth) / Reasons for Judgment and Minutes of Orders on Confidentiality Application

Legal Issues

  1. 1 ["Whether confidential exhibits to the applicant's affidavit should be restricted from publication or inspection under s. 50 the Federal Court of Australia Act 1976 (Cth)." 'Whether exhibits comprising or recording legally privileged communications and confidential creditor funding discussions should be kept confidential.']

Ratio Decidendi

The exhibits identified by the applicant should be kept confidential because they either comprise or record confidential legally privileged communications between the applicant and his legal advisers or record discussions with creditors about proposed funding contributions that were intended by the participants to be confidential.

Court Disposition

Confidentiality orders made.

Orders

  • ['The exhibits numbered 6, 7, 10, 11, 12, 15 and 17 to the affidavit of Anthony Milton Sims sworn 12 July, 1995 be kept confidential and that they not be open to inspection by anyone without the leave of a Judge.' 'The copies of the exhibits referred to in Order 1 served on the Australian Securities Commission by...