Australian Securities and Investments Commission, in the matter of Storm Financial Limited (Receivers and Managers Appointed) (Administrators Appointed) v Storm Financial Limited (Receivers and Managers Appointed) (Administrators Appointed) (No 2) [2009] FCA 298

Australian Securities and Investments Commission, in the matter of Storm Financial Limited (Receivers and Managers Appointed) (Administrators Appointed) v Storm Financial Limited (Receivers and Managers Appointed) (Administrators Appointed) (No 2) [2009] FCA 298

The affidavit of Mr Michael Ross Ryan, excluding Exhibits MRR1 and MRR2, should be made available for inspection by non-parties because it narrated the circumstances leading to ASIC's winding up application and included material referred to or extracted in the substantive reasons, so inspection would assist public understanding of the proceedings. Exhibits MRR1 and MRR2 should not be released pre-emptively because objection had been taken to them and only limited use was made of them. No broader pre-emptive access should be granted because further access is best assessed on a particular application, especially given pending Supreme Court proceedings and the fact that other evidence...

Jurisdiction
Australia
Judgment Date
01 April 2009
Procedural Posture
Practice and Procedure; Non Party Inspection and Access to Court Documents / Post Judgment Directions and Orders on Whether Non Parties Should Be Granted Leave to Inspect Documents Beyond Those Available as of Right Under O 46 R 6(2) of the Federal Court Rules
Outcome
Leave was granted in part for non-party inspection of the affidavit of Mr Michael Ross Ryan, excluding Exhibits MRR1 and MRR2; the question of further access was reserved with liberty to apply.
Legal Topics
['inspection of Documents by Non Parties' 'federal Court Rules O 46 R 6' 'public Administration of Justice' 'confidentiality and Limits on Access to Affidavit Material']
['practice and Procedure' 'open Justice' 'court Records and Access to Documents'] ['inspection of Documents by Non Parties' 'federal Court Rules O 46 R 6' 'public Administration of Justice' 'confidentiality and Limits on Access to Affidavit Material']

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Procedural Posture

Practice and Procedure; Non Party Inspection and Access to Court Documents / Post Judgment Directions and Orders on Whether Non Parties Should Be Granted Leave to Inspect Documents Beyond Those Available as of Right Under O 46 R 6(2) of the Federal Court Rules

Legal Issues

  1. 1 ['Whether leave should be granted to any non-party to inspect documents on the Court file beyond those referred to in O 46 r 6(2) of the Federal Court Rules.' 'Whether Exhibits MRR1 and MRR2 to the affidavit of Mr Michael Ross Ryan should be available for non-party inspection.' 'Whether a general, pre-emptive grant of leave should be made for inspection of further material on the Court file or transcript.']

Ratio Decidendi

The affidavit of Mr Michael Ross Ryan, excluding Exhibits MRR1 and MRR2, should be made available for inspection by non-parties because it narrated the circumstances leading to ASIC's winding up application and included material referred to or extracted in the substantive reasons, so inspection would assist public understanding of the proceedings. Exhibits MRR1 and MRR2 should not be released pre-emptively because objection had been taken to them and only limited use was made of them. No broader pre-emptive access should be granted because further access is best assessed on a particular application, especially given pending Supreme Court proceedings and the fact that other evidence...

Court Disposition

Leave was granted in part for non-party inspection of the affidavit of Mr Michael Ross Ryan, excluding Exhibits MRR1 and MRR2; the question of further access was reserved with liberty to apply.

Orders

  • ['In addition to those documents the inspection of which is permitted by O 46 r 6(2), leave is granted to any non-party to inspect the following document: the affidavit of Mr Michael Ross Ryan filed in court by leave on 18 March 2009, save for Exhibits MRR1 and MRR2 to that affidavit.' 'The question of whether leave...