Oldham v Capgemini Australia Pty Ltd [2015] FCA 1149

Oldham v Capgemini Australia Pty Ltd [2015] FCA 1149

Leave to inspect the AHRC Complaint was refused because the complaint was not available for inspection as of right, remained a private and confidential Commission document despite being lodged with the originating application and referred to in the statement of claim, contained sensitive personal material, and Mr Scott's asserted need for it in New Zealand criminal appeal proceedings was insufficiently demonstrated and could be pursued through the New Zealand courts if appropriate. The interests of the administration of justice in the Federal Court did not favour release of the complaint for inspection.

Jurisdiction
Australia
Judgment Date
26 October 2015
Procedural Posture
Third Party Interlocutory Application for Leave to Inspect Documents / Heard on the Papers
Outcome
The interlocutory application by Mr Lewis Scott for leave to inspect Ms Oldham's AHRC Complaint was refused, and no costs order was made.
Legal Topics
['non Party Inspection of Court Documents' 'australian Human Rights Commission Complaint' 'open Justice' 'confidentiality of Commission Proceedings' 'suppression or Non Publication Orders' 'costs Against Non Parties']
['practice and Procedure' 'human Rights'] ['non Party Inspection of Court Documents' 'australian Human Rights Commission Complaint' 'open Justice' 'confidentiality of Commission Proceedings' 'suppression or Non Publication Orders' 'costs Against Non Parties']

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Procedural Posture

Third Party Interlocutory Application for Leave to Inspect Documents / Heard on the Papers

Legal Issues

  1. 1 ["Whether a non-party should be granted leave under r 2.32(4) of the Federal Court Rules 2011 (Cth) to inspect Ms Oldham's Australian Human Rights Commission complaint lodged with the originating application." "Whether references to Ms Oldham's AHRC statement in the statement of claim made the complaint or statement available for inspection as of right." 'Whether the asserted possible use of the AHRC Complaint in New Zealand criminal appeal proceedings outweighed confidentiality and other discretionary considerations against inspection.' 'Whether suppression or non-publication orders should be made in relation to affidavit and submission material filed on the inspection application.' "Whether Mr Scott should pay Ms Oldham's costs of the application."]

Ratio Decidendi

Leave to inspect the AHRC Complaint was refused because the complaint was not available for inspection as of right, remained a private and confidential Commission document despite being lodged with the originating application and referred to in the statement of claim, contained sensitive personal material, and Mr Scott's asserted need for it in New Zealand criminal appeal proceedings was insufficiently demonstrated and could be pursued through the New Zealand courts if appropriate. The interests of the administration of justice in the Federal Court did not favour release of the complaint for inspection.

Court Disposition

The interlocutory application by Mr Lewis Scott for leave to inspect Ms Oldham's AHRC Complaint was refused, and no costs order was made.

Orders

  • ['The interlocutory application by Mr Lewis Scott, made on 17 September 2015, is refused.' 'There be no order as to costs in respect of the application.']