Siam Polyethylene Co Ltd v Minister of State for Home Affairs (No 3) [2009] FCA 839

Siam Polyethylene Co Ltd v Minister of State for Home Affairs (No 3) [2009] FCA 839

Orders for confidentiality over parts of the evidence were appropriate to protect confidential, commercially sensitive information provided for the anti-dumping regime, consistent with statutory scheme and Australia’s international obligations, and to promote frank and full cooperation by relevant parties in future cases.

Jurisdiction
Australia
Judgment Date
07 August 2009
Procedural Posture
Application for Confidentiality Orders / Orders and Reasons for Judgment on Confidentiality
Outcome
Confidentiality orders made over designated documents and parts of reasons for judgment; proceedings stood over for consideration of further submissions on confidential content.
Legal Topics
['confidentiality Orders' 'open Justice Principle' 'anti Dumping Measures' 'protection of Commercially Sensitive Information']
['administrative Law' 'trade Law' 'practice and Procedure'] ['confidentiality Orders' 'open Justice Principle' 'anti Dumping Measures' 'protection of Commercially Sensitive Information']

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Procedural Posture

Application for Confidentiality Orders / Orders and Reasons for Judgment on Confidentiality

Legal Issues

  1. 1 ['Whether the court should order that certain commercially sensitive information remain confidential.' 'How to balance open justice principle against need for confidentiality in anti-dumping proceedings.']

Ratio Decidendi

Orders for confidentiality over parts of the evidence were appropriate to protect confidential, commercially sensitive information provided for the anti-dumping regime, consistent with statutory scheme and Australia’s international obligations, and to promote frank and full cooperation by relevant parties in future cases.

Court Disposition

Confidentiality orders made over designated documents and parts of reasons for judgment; proceedings stood over for consideration of further submissions on confidential content.

Orders

  • ['Documents in NSD1194/2008 marked exhibit A1 and remain confidential except with leave or to those with confidentiality undertakings.' 'Confidentiality order for exhibit A1 extends to its use in NSD1557/2008.' 'Documents in NSD1557/2008 marked exhibit C1 and remain confidential except with leave or to those with...