Young v Thomson (Trustee), in the matter of Young (Bankrupt) (No 3) [2017] FCA 50

Young v Thomson (Trustee), in the matter of Young (Bankrupt) (No 3) [2017] FCA 50

Making a further non-publication order is necessary to prevent prejudice to the proper administration of justice due to the commercially sensitive information in the judgment, but the order should be limited in duration to balance open justice and the proper administration of justice.

Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Application / Post Dismissal; Interlocutory Application for Non Publication Order
Outcome
Non-publication order granted for a limited period
Legal Topics
['non Publication Orders' 'litigation Funding Agreements' 'conduct of Trustees' 'administration of Justice']
['practice and Procedure' 'bankruptcy'] ['non Publication Orders' 'litigation Funding Agreements' 'conduct of Trustees' 'administration of Justice']

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Procedural Posture

Application / Post Dismissal; Interlocutory Application for Non Publication Order

Legal Issues

  1. 1 ['Whether publication of reasons should be restricted to prevent prejudice to the administration of justice' 'Appropriate duration of non-publication order']

Ratio Decidendi

Making a further non-publication order is necessary to prevent prejudice to the proper administration of justice due to the commercially sensitive information in the judgment, but the order should be limited in duration to balance open justice and the proper administration of justice.

Court Disposition

Non-publication order granted for a limited period

Orders

  • ['Publication of the reasons for judgment in Young v Thomson (Trustee), in the matter of Young (Bankrupt) (No 2) [2017] FCA 8 restricted to the Official Trustee in Bankruptcy, parties, and legal advisors pursuant to Div 2 of Part VAA of the Federal Court of Australia Act 1976 (Cth) until 1 May 2017 or further order.']