Engage Marine Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2023] FCA 665

Engage Marine Pty Ltd v Tasmanian Ports Corporation Pty Ltd [2023] FCA 665

Leave is granted to the applicants to inspect and take copies of restricted documents filed in the ACCC proceeding by the ACCC or in respect of which the respondent (TasPorts) did not oppose access, based on the applicants' interest, the principle of open justice, and the ACCC's lack of opposition. For other documents (those filed by TasPorts and opposed), access via inspection is refused, but a non-standard discovery order is made to compel TasPorts to disclose documents from the earlier proceeding that are directly relevant to the current pleading issues. Appropriate confidentiality protections are ordered.

Jurisdiction
Australia
Judgment Date
19 June 2023
Procedural Posture
Interlocutory Application / Ruling on Application for Leave to Inspect and Copy Documents and Non Standard Discovery Order
Outcome
Interlocutory application granted in part; access granted to some documents, non-standard discovery ordered for others, confidentiality and use limitations imposed, costs reserved.
Legal Topics
['inspection of Restricted Court Documents' 'discovery' 'open Justice' 'confidentiality' 'prima Facie Evidence From Prior Admissions' 'section 83 Competition and Consumer Act']
['practice and Procedure' 'competition Law'] ['inspection of Restricted Court Documents' 'discovery' 'open Justice' 'confidentiality' 'prima Facie Evidence From Prior Admissions' 'section 83 Competition and Consumer Act']

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Procedural Posture

Interlocutory Application / Ruling on Application for Leave to Inspect and Copy Documents and Non Standard Discovery Order

Legal Issues

  1. 1 ['Whether leave should be granted under r 2.32(4) of the Federal Court Rules 2011 (Cth) for applicants to inspect and copy restricted documents in a previous proceeding' 'Whether to order discovery of documents filed by the respondent in the previous proceeding' 'How principles of open justice and relevance apply to access to court documents']

Ratio Decidendi

Leave is granted to the applicants to inspect and take copies of restricted documents filed in the ACCC proceeding by the ACCC or in respect of which the respondent (TasPorts) did not oppose access, based on the applicants' interest, the principle of open justice, and the ACCC's lack of opposition. For other documents (those filed by TasPorts and opposed), access via inspection is refused, but a non-standard discovery order is made to compel TasPorts to disclose documents from the earlier proceeding that are directly relevant to the current pleading issues. Appropriate confidentiality protections are ordered.

Court Disposition

Interlocutory application granted in part; access granted to some documents, non-standard discovery ordered for others, confidentiality and use limitations imposed, costs reserved.

Orders

  • ['Leave granted to inspect and copy specified restricted documents filed by the ACCC or not opposed by respondent.' "Respondent (TasPorts) to give discovery, by 7 July 2023, of documents filed in the ACCC proceeding that are directly relevant to the issues raised by the pleadings, are or have been in the...