Parbery re Trio Capital Ltd [2010] NSWSC 798

Parbery re Trio Capital Ltd [2010] NSWSC 798

Continued suppression of Mr Richard's affidavit was not necessary to secure the due administration of justice. In light of press reports of matters already disclosed in Mr Richard's public examination, publication of the affidavit would not materially increase any risk of inflaming persons whom he feared. The evidence did not show that disclosure would prejudice any ASIC or police investigation, and the consequence of disclosure would be at most embarrassing or damaging publicity, which is insufficient to justify continued suppression.

Jurisdiction
Australia
Judgment Date
20 July 2010
Procedural Posture
Procedural Ruling in the Equity Division, Corporations List Concerning Confidentiality, Suppression and Access to an Affidavit / After Dismissal of Shawn Richard's Application for an Order That His Examination Under Part 5.9 of the Corporations Act 2001 (cth) Be Conducted in Private; Determination of Whether Confidentiality Over His Affidavit Should Continue and Whether Media Organisations Should Have Access
Outcome
Confidentiality order discharged and media access granted.
Legal Topics
['open Administration of Justice' 'suppression Orders' 'confidentiality Orders' 'access to Court Documents' 'public Examination Under Part 5.9 of the Corporations Act 2001 (cth)']
['civil Procedure' 'corporations Law'] ['open Administration of Justice' 'suppression Orders' 'confidentiality Orders' 'access to Court Documents' 'public Examination Under Part 5.9 of the Corporations Act 2001 (cth)']

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Procedural Posture

Procedural Ruling in the Equity Division, Corporations List Concerning Confidentiality, Suppression and Access to an Affidavit / After Dismissal of Shawn Richard's Application for an Order That His Examination Under Part 5.9 of the Corporations Act 2001 (cth) Be Conducted in Private; Determination of Whether Confidentiality Over His Affidavit Should Continue and Whether Media Organisations Should Have Access

Legal Issues

  1. 1 ["Whether it was necessary to continue a confidentiality or suppression order over Shawn Richard's affidavit for the purpose of securing the due administration of justice." "Whether John Fairfax Publications Pty Ltd and Nationwide News Pty Ltd should be given access to Shawn Richard's affidavit." 'Whether fears for safety, possible prejudice to investigations, or embarrassing and damaging publicity justified continued suppression.']

Ratio Decidendi

Continued suppression of Mr Richard's affidavit was not necessary to secure the due administration of justice. In light of press reports of matters already disclosed in Mr Richard's public examination, publication of the affidavit would not materially increase any risk of inflaming persons whom he feared. The evidence did not show that disclosure would prejudice any ASIC or police investigation, and the consequence of disclosure would be at most embarrassing or damaging publicity, which is insufficient to justify continued suppression.

Court Disposition

Confidentiality order discharged and media access granted.

Orders

  • ['Order that the subsisting confidentiality order in respect of the affidavit of Shawn Richard sworn on 9 July 2010 be discharged and that that affidavit be retained in the court file in accessible form.' "Direct that each of John Fairfax Publications Pty Ltd and Nationwide News Pty Ltd may have access to the said...