In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2020] NSWSC 1832

In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2020] NSWSC 1832

The Court held that the material in paragraphs 30-34 of Ms McGregor's affidavit did not warrant departure from procedural fairness principles, and that providing confidential access to the plaintiff's senior counsel and solicitor was sufficient protection for confidentiality and consistent with open justice. There was no established 'usual practice' justifying complete non-disclosure in the circumstances.

Parties
Plaintiff/respondent: Castleton Commodities Merchant Asia Co Pte Ltd; First Defendant/applicant: Commonwealth of Australia; Second Defendant: Timor Sea Oil & Gas Australia Pty Ltd (in liq); Third Defendant: Northern Oil & Gas Australia Pty Ltd (in liq)
Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Corporations/interlocutory Process / Interlocutory Application
Outcome
Orders made – application for total non-disclosure refused; limited disclosure granted
Legal Topics
Public Interest Immunity, Evidence, Confidentiality, Procedural Fairness, Suppression Orders
Equity Corporations Law Public Interest Immunity Evidence Confidentiality Procedural Fairness Suppression Orders

Case Brief

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Parties

Castleton Commodities Merchant Asia Co Pte Ltd

Plaintiff/respondent

Commonwealth of Australia

First Defendant/applicant

Timor Sea Oil & Gas Australia Pty Ltd (in liq)

Second Defendant

Northern Oil & Gas Australia Pty Ltd (in liq)

Third Defendant

Procedural Posture

Corporations/interlocutory Process / Interlocutory Application

Legal Issues

  1. 1 Whether paragraphs 30-34 of Ms McGregor's affidavit in support of a public interest immunity claim should be read confidentially without disclosure to the plaintiff's lawyers
  2. 2 Whether a case had been made out for a significant departure from principles of procedural fairness in public interest immunity applications
  3. 3 Appropriate procedural regime for considering applications for non-publication/confidentiality orders in the context of public interest immunity

Ratio Decidendi

The Court held that the material in paragraphs 30-34 of Ms McGregor's affidavit did not warrant departure from procedural fairness principles, and that providing confidential access to the plaintiff's senior counsel and solicitor was sufficient protection for confidentiality and consistent with open justice. There was no established 'usual practice' justifying complete non-disclosure in the circumstances.

Court Disposition

Orders made – application for total non-disclosure refused; limited disclosure granted

Orders

  • Order under ss 7 and 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW) that paragraphs 30 to 34 of the affidavit of Ms Leonie McGregor of 10 December 2020 may be read but access confined to Mr Ian Jackman SC and Ms Colleen Platford for the plaintiff.
  • Order limiting access will be in place for 12 months from 14 December 2020 pursuant to s 12 of the Act.