ASIC v MICHALIK [2004] NSWSC 966

ASIC v MICHALIK [2004] NSWSC 966

Access to parts of the requested affidavits should be granted to the applicant, subject to masking of certain names and exclusion of exhibits and annexures, as this properly balances the competing public interests involved.

Parties
Plaintiff: Australian Securities and Investments Commission; First Defendant: Andrzej Janusz Michalik also known as Andre Tomaszewski and Stanislaw Konstanty Krawczyk; Second Defendant: Martin Michalik; Third Defendant: Kilahim Pty Ltd; Applicant: Vanda Carson
Jurisdiction
Australia
Judgment Date
15 October 2004
Procedural Posture
Application / Interlocutory
Outcome
Application granted in part
Legal Topics
Access to Court Documents, Open Justice, Balancing Public Interest
Procedure Court Practice Access to Court Documents Open Justice Balancing Public Interest

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Parties

Australian Securities and Investments Commission

Plaintiff

Andrzej Janusz Michalik also known as Andre Tomaszewski and Stanislaw Konstanty Krawczyk

First Defendant

Martin Michalik

Second Defendant

Kilahim Pty Ltd

Third Defendant

Vanda Carson

Applicant

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether a journalist should be granted access to affidavits on the court file subject to certain restrictions
  2. 2 How to balance the competing public interests of open justice, investigative confidentiality, and privilege against self-incrimination

Ratio Decidendi

Access to parts of the requested affidavits should be granted to the applicant, subject to masking of certain names and exclusion of exhibits and annexures, as this properly balances the competing public interests involved.

Court Disposition

Application granted in part

Orders

  • Ms Carson be granted access to the affidavit of Leonard Gordon Foscholo sworn 10 August 2004 with names of potential witnesses masked and exhibits excluded.
  • Ms Carson be granted access to the affidavit of Bruce Vernon Dennis sworn 7 September 2004 excluding its annexures.