Onefone Australia Pty Ltd v One.Tel Ltd [2009] NSWSC 865

Onefone Australia Pty Ltd v One.Tel Ltd [2009] NSWSC 865

The confidentiality order will be discharged in part, such that only specific materials that, if disclosed, could prejudice the interests of creditors, will remain confidential; in other respects, no positive case for continued confidentiality has been made, and the interests of the general body of creditors are better served by disclosure.

Jurisdiction
Australia
Judgment Date
25 August 2009
Procedural Posture
Application / Hearing and Determination of Application to Vary Confidentiality Order
Outcome
Confidentiality order varied; only specified materials to remain confidential.
Legal Topics
['confidentiality Orders' "creditors' Voluntary Winding Up" "liquidators' Duties" 'committee of Inspection' 'disclosure of Documents']
['corporations Law' 'equity' 'civil Procedure'] ['confidentiality Orders' "creditors' Voluntary Winding Up" "liquidators' Duties" 'committee of Inspection' 'disclosure of Documents']

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Procedural Posture

Application / Hearing and Determination of Application to Vary Confidentiality Order

Legal Issues

  1. 1 ['Whether the confidentiality order previously made by consent should be discharged or varied as to certain documents relied upon in previous proceedings involving the special purpose liquidator and committee of inspection.' "What is the source and scope of the duty of confidentiality as it applies to documents and communications between the committee of inspection and the special purpose liquidator in a creditors' voluntary winding up."]

Ratio Decidendi

The confidentiality order will be discharged in part, such that only specific materials that, if disclosed, could prejudice the interests of creditors, will remain confidential; in other respects, no positive case for continued confidentiality has been made, and the interests of the general body of creditors are better served by disclosure.

Court Disposition

Confidentiality order varied; only specified materials to remain confidential.

Orders

  • ['Order 5 of 10 November 2008 is varied so that only the Tab 1 material and the specified parts of the Tab 9 material (as identified in the judgment) remain confidential, in addition to any parts agreed by the parties.']