Jara-Saba v MoneyMe Financial Group Pty Ltd [2021] FCA 1482

Jara-Saba v MoneyMe Financial Group Pty Ltd [2021] FCA 1482

Given the almost immediate settlement after filing, the proceeding's commencement due only to a statutory limitation period, and the particular circumstances, removal of the originating application and statement of claim from the Court's record is appropriate to avoid prejudice to the administration of justice and facilitate settlement; such orders should not be routinely made simply because parties desire them, but justified on the specific facts, including interests of justice and open justice.

Parties
Applicant: Naomi Jara-Saba; First Respondent: MoneyMe Financial Group Pty Ltd ACN 163 691 236; Second Respondent: Peter Coad; Third Respondent: Clayton Howes
Jurisdiction
Australia
Judgment Date
22 November 2021
Procedural Posture
Employment and Industrial Relations / Interlocutory Application for Removal of Documents; Discontinuance Following Settlement
Outcome
Application for removal of documents granted; leave to discontinue granted; matter discontinued by consent with no orders as to costs.
Legal Topics
Removal of Court Documents, Open Justice, Suppression Orders, Discontinuance, Settlement of Proceedings
Practice and Procedure Employment Law Removal of Court Documents Open Justice Suppression Orders Discontinuance Settlement of Proceedings

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Parties

Naomi Jara-Saba

Applicant

MoneyMe Financial Group Pty Ltd ACN 163 691 236

First Respondent

Peter Coad

Second Respondent

Clayton Howes

Third Respondent

Procedural Posture

Employment and Industrial Relations / Interlocutory Application for Removal of Documents; Discontinuance Following Settlement

Legal Issues

  1. 1 Whether the originating application and statement of claim should be removed from the Court file
  2. 2 Whether removal of documents is appropriate considering open justice principles
  3. 3 The impact of settlement on the appropriateness of removal or suppression orders

Ratio Decidendi

Given the almost immediate settlement after filing, the proceeding's commencement due only to a statutory limitation period, and the particular circumstances, removal of the originating application and statement of claim from the Court's record is appropriate to avoid prejudice to the administration of justice and facilitate settlement; such orders should not be routinely made simply because parties desire them, but justified on the specific facts, including interests of justice and open justice.

Court Disposition

Application for removal of documents granted; leave to discontinue granted; matter discontinued by consent with no orders as to costs.

Orders

  • Pursuant to rule 2.28 of the Federal Court Rules 2011 (Cth), the originating application and statement of claim be removed from the Federal Court's record and the Commonwealth Courts electronic portal.
  • The Applicant be given leave to file a Notice of Discontinuance in the form annexed to these orders and marked 'Annexure A'.