State of Western Australia v Southern Equities Corp (in liq) & Ors [1997] FCA 1590

State of Western Australia v Southern Equities Corp (in liq) & Ors [1997] FCA 1590

There was insufficient evidence of any clear and express direction under s 19B of the Royal Commissions Act 1968 (WA) restricting publication of the Royal Commission transcripts. Therefore, the transcripts are not subject to prohibition and must be produced. As to the ASC transcript, it was released to the examinee and his legal advisers on explicit conditions, and never came into Wardleys' possession, custody or control; thus, Wardleys is not required to produce it.

Jurisdiction
Australia
Judgment Date
01 August 1997
Procedural Posture
Motion for Production of Documents / Interlocutory, Determination of Motion for Production of Documents
Outcome
Motion granted in part, dismissed in part, adjourned in part
Legal Topics
['discovery' 'production of Documents' 'royal Commissions' 'suppression Orders' 'possession, Custody or Control of Documents']
['practice and Procedure'] ['discovery' 'production of Documents' 'royal Commissions' 'suppression Orders' 'possession, Custody or Control of Documents']

Case Brief

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Procedural Posture

Motion for Production of Documents / Interlocutory, Determination of Motion for Production of Documents

Legal Issues

  1. 1 ['Whether discovered Royal Commission transcripts must be produced where evidence was taken in private and/or allegedly subject to publication restriction' "Whether transcript of examination released by Australian Securities Commission (ASC) to examinee's lawyers is in possession, custody or control of examinee's employer"]

Ratio Decidendi

There was insufficient evidence of any clear and express direction under s 19B of the Royal Commissions Act 1968 (WA) restricting publication of the Royal Commission transcripts. Therefore, the transcripts are not subject to prohibition and must be produced. As to the ASC transcript, it was released to the examinee and his legal advisers on explicit conditions, and never came into Wardleys' possession, custody or control; thus, Wardleys is not required to produce it.

Court Disposition

Motion granted in part, dismissed in part, adjourned in part

Orders

  • ['The Second and Fourth Respondents to produce documents numbered 946 and 951 for inspection by the Fifth Cross-Respondent on or before 31 August 1997.' 'The Sixth Respondent to produce document numbered 79 for inspection by the Fifth Cross-Respondent.' 'Motion otherwise dismissed as against the Second and Fourth...