State of Western Australia v Southern Equities Corporation Ltd (in liquidation) [1996] FCA 1165

State of Western Australia v Southern Equities Corporation Ltd (in liquidation) [1996] FCA 1165

Potential relevance of documents to these proceedings, absence of good reason to refuse order, and limited scope of disclosure justify directing production and limited inspection subject to identification of eligible individuals.

Parties
Applicant: State of Western Australia; First Respondent: Southern Equities Corporation Limited (in Liquidation); Second Respondent: Wardley Australia Limited; Third Respondent: Lawrence Robert Connell; Fourth Respondent: Wardley Australia Securities Limited; Fifth Respondent: Rothwells Limited (In Liquidation); Sixth Respondent: James Phillip Yonge; Cross Claimant: KMG Hungerfords
Jurisdiction
Australia
Judgment Date
01 April 1996
Procedural Posture
Motion for Inspection of Documents / Interlocutory Application
Outcome
Limited disclosure and inspection ordered
Legal Topics
Inspection of Documents, Confidentiality Orders, Pending Criminal Proceedings, Disclosure
Procedure Inspection of Documents Confidentiality Orders Pending Criminal Proceedings Disclosure

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Parties

State of Western Australia

Applicant

Southern Equities Corporation Limited (in Liquidation)

First Respondent

Wardley Australia Limited

Second Respondent

Lawrence Robert Connell

Third Respondent

Wardley Australia Securities Limited

Fourth Respondent

Rothwells Limited (In Liquidation)

Fifth Respondent

James Phillip Yonge

Sixth Respondent

KMG Hungerfords

Cross Claimant

Procedural Posture

Motion for Inspection of Documents / Interlocutory Application

Legal Issues

  1. 1 Whether documents subject to confidentiality orders in prior Supreme Court proceedings should be produced and disclosed in Federal Court proceedings
  2. 2 Whether limited disclosure would prejudice pending criminal proceedings or parties' rights

Ratio Decidendi

Potential relevance of documents to these proceedings, absence of good reason to refuse order, and limited scope of disclosure justify directing production and limited inspection subject to identification of eligible individuals.

Court Disposition

Limited disclosure and inspection ordered

Orders

  • Fifth Respondent to produce to the Applicant for inspection all pleadings, further and better particulars, evidence and submissions filed by the defendants in Supreme Court of Western Australia Action No. 2462 of 1990 between Rothwells Limited (In Liquidation), Plaintiff, and Alexander and Others, Defendants.
  • The above documents are to remain confidential to persons to be identified by further order following production of a minute by the Applicant.