Onefone Australia Pty Ltd v One.Tel Ltd [2009] NSWSC 821

Onefone Australia Pty Ltd v One.Tel Ltd [2009] NSWSC 821

The court will only make confidentiality orders in respect of material where the claim to confidentiality is substantiated; otherwise, non-confidential material should be filed openly.

Jurisdiction
Australia
Judgment Date
17 August 2009
Procedural Posture
Application for Confidentiality Order / Ex Parte Interlocutory Application
Outcome
Affidavit to be kept confidential, except for non-confidential paragraphs to be filed separately.
Legal Topics
['confidentiality Order' 'affidavit Evidence']

Case Brief

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Procedural Posture

Application for Confidentiality Order / Ex Parte Interlocutory Application

  1. 1 ['Whether a blanket confidentiality order should be made over the whole affidavit of the special purpose liquidator or only in respect of specific paragraphs']

Ratio Decidendi

The court will only make confidentiality orders in respect of material where the claim to confidentiality is substantiated; otherwise, non-confidential material should be filed openly.

Court Disposition

Affidavit to be kept confidential, except for non-confidential paragraphs to be filed separately.

Orders

  • ["Affidavit to be kept in court file in an envelope marked 'Confidential - Not to be opened without the leave of the Judge'." 'A copy of the affidavit with paragraphs 13, 14, 15 and the reference to correspondence in paragraph 18 removed to be filed separately without confidentiality embargo.']