Idoport Pty Ltd & Anor v National Australia Bank Limited & Ors, Idoport Pty Ltd & Anor v Donald Robert Argus [10] [2000] NSWSC 776

Idoport Pty Ltd & Anor v National Australia Bank Limited & Ors, Idoport Pty Ltd & Anor v Donald Robert Argus [10] [2000] NSWSC 776

Because pleadings taken as read before the court are not materially different from evidence adduced in open court, and because such material is generally in the public domain subject to confidentiality or other court orders, the court should not constrain inspection of the pleadings folder; persons inspecting it may take notes and obtain copies subject to payment arrangements for copying.

Jurisdiction
Australia
Judgment Date
27 July 2000
Procedural Posture
Equity Division Commercial List Proceedings Concerning Access to Pleadings / Ex Tempore Judgment Revised on 4 August 2000 After Reserving the Question Whether Copies of Pleadings Should Be Permitted
Outcome
Copies of the pleadings may be obtained by persons inspecting the pleadings folder, subject to appropriate arrangements for payment of copying costs.
Legal Topics
['public Inspection of Pleadings' 'copying of Court Documents' 'pleadings Taken as Read in Open Court']
['civil Procedure' 'open Justice'] ['public Inspection of Pleadings' 'copying of Court Documents' 'pleadings Taken as Read in Open Court']

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Procedural Posture

Equity Division Commercial List Proceedings Concerning Access to Pleadings / Ex Tempore Judgment Revised on 4 August 2000 After Reserving the Question Whether Copies of Pleadings Should Be Permitted

Legal Issues

  1. 1 ['Whether pleadings placed in the registry and made available for inspection should also be available for notes to be taken and copies to be obtained.' 'What degree of control the court should exercise over public access to the pleadings folder.']

Ratio Decidendi

Because pleadings taken as read before the court are not materially different from evidence adduced in open court, and because such material is generally in the public domain subject to confidentiality or other court orders, the court should not constrain inspection of the pleadings folder; persons inspecting it may take notes and obtain copies subject to payment arrangements for copying.

Court Disposition

Copies of the pleadings may be obtained by persons inspecting the pleadings folder, subject to appropriate arrangements for payment of copying costs.

Orders

  • ['A folder containing the up-to-date pleadings in proceedings 50113 of 1998 and 50026 of 1999 is to be placed in the registry and made available for inspection on reasonable notice to any member of the public.' 'Persons inspecting the pleadings folder may take notes of the pleadings.' 'Copies of the pleadings may be...