Super Retail Group Limited v Farrell [2024] FCA 1214

Super Retail Group Limited v Farrell [2024] FCA 1214

Leave to appeal was granted as the judgment of the primary judge was attended with sufficient doubt to warrant reconsideration, and substantial injustice would result if leave were refused given the potential disclosure of confidential settlement terms. Suppression orders were made to preserve the confidentiality subject matter pending the appeal.

Parties
Applicant: Super Retail Group Limited; Second Applicant: Anthony Heraghty; Third Applicant: Kevin Figueiredo; Fourth Applicant: Sally Pitkin; Fifth Applicant: Annabelle Chaplain; First Respondent: Rebecca Farrell; Second Respondent: Amelia Berczelly; Respondent: EVO24; Second Respondent: EVP24; Third Respondent: Michael Daniel Harmer; Fourth Respondent: Emma Pritchard; Fifth Respondent: Jenee Smith; Sixth Respondent: Justin Handisurya; Seventh Respondent: MHA Nominees Limited; Eighth Respondent: Sincerutty Management Pty Ltd; Ninth Respondent: Anthony McClellan; Media Organisation: Nationwide News Pty Limited; Media Organisation: Fairfax Media Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
14 October 2024
Procedural Posture
Application for Leave to Appeal / Leave to Appeal Granted, Suppression Orders Made Pending Appeal
Outcome
Leave to appeal granted; suppression orders made until hearing of appeal or further order; costs reserved
Legal Topics
Suppression Order, Confidentiality of Settlement Agreements, Fair Work Act Proceedings
Employment and Industrial Relations Suppression Order Confidentiality of Settlement Agreements Fair Work Act Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Super Retail Group Limited

Applicant

Anthony Heraghty

Second Applicant

Kevin Figueiredo

Third Applicant

Sally Pitkin

Fourth Applicant

Annabelle Chaplain

Fifth Applicant

Rebecca Farrell

First Respondent

Amelia Berczelly

Second Respondent

EVO24

Respondent

EVP24

Second Respondent

Michael Daniel Harmer

Third Respondent

Emma Pritchard

Fourth Respondent

Jenee Smith

Fifth Respondent

Justin Handisurya

Sixth Respondent

MHA Nominees Limited

Seventh Respondent

Sincerutty Management Pty Ltd

Eighth Respondent

Anthony McClellan

Ninth Respondent

Nationwide News Pty Limited

Media Organisation

Fairfax Media Publications Pty Ltd

Media Organisation

Procedural Posture

Application for Leave to Appeal / Leave to Appeal Granted, Suppression Orders Made Pending Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted in relation to refusal of suppression order
  2. 2 Whether suppression order is necessary to prevent prejudice to the administration of justice

Ratio Decidendi

Leave to appeal was granted as the judgment of the primary judge was attended with sufficient doubt to warrant reconsideration, and substantial injustice would result if leave were refused given the potential disclosure of confidential settlement terms. Suppression orders were made to preserve the confidentiality subject matter pending the appeal.

Court Disposition

Leave to appeal granted; suppression orders made until hearing of appeal or further order; costs reserved

Orders

  • Leave be granted to the applicants to appeal from the decision in Farrell v Super Retail Group Limited (Confidentiality Applications) [2024] FCA 954.
  • Suppression order pursuant to s 37AF of the Federal Court of Australia Act 1976 (Cth) until further order or hearing of appeal, prohibiting disclosure of specified information except in listed circumstances.