Tradestock Pty ltd & Ors v T.N.T. (Management) Pty Ltd & Ors [1983] FCA 269

Tradestock Pty ltd & Ors v T.N.T. (Management) Pty Ltd & Ors [1983] FCA 269

Prevailing public policy, supported by Order 46 r.6, requires that exhibits, the index on the cover of the court file, and correspondence and like documents on file from parties and non-parties remain confidential to the parties and accessible only to legal advisers. There is no right in a non-party adversary (such...

Source-derived case information.

Parties
Plaintiff: Tradestock Pty. Limited; Plaintiff: William James Frewen; Plaintiff: Noel Edward Stock; Defendant: T.N.T. (Management) Pty. Limited; Defendant: Interstate Parcel Express Company Pty. Limited; Defendant: IPEC Insurance Limited; Defendant: Tarlee Investments Limited; Defendant: Ansett Transport Industries (Operations) Pty. Limited; Defendant: Brambles Industries Limited; Defendant: Mayne Nickless Limited; Defendant: Youngs Transport Pty. Limited; Defendant: United Transport Holdings Pty. Limited; Defendant: Express Freight Pty. Limited; Defendant: United Transport Holdings Australia Pty. Limited; Defendant: Tradex Transport Pty. Limited
Jurisdiction
Australia
Judgment Date
14 October 1983
Procedural Posture
Civil / Interlocutory Application Regarding Access to Documents
Outcome
Access restricted, orders granted as per application.
Legal Topics
Inspection of Documents, Confidentiality, Public Policy
Procedure Trade Practices Inspection of Documents Confidentiality Public Policy

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Parties

Tradestock Pty. Limited

Plaintiff

William James Frewen

Plaintiff

Noel Edward Stock

Plaintiff

T.N.T. (Management) Pty. Limited

Defendant

Interstate Parcel Express Company Pty. Limited

Defendant

IPEC Insurance Limited

Defendant

Tarlee Investments Limited

Defendant

Ansett Transport Industries (Operations) Pty. Limited

Defendant

Brambles Industries Limited

Defendant

Mayne Nickless Limited

Defendant

Youngs Transport Pty. Limited

Defendant

United Transport Holdings Pty. Limited

Defendant

Express Freight Pty. Limited

Defendant

United Transport Holdings Australia Pty. Limited

Defendant

Tradex Transport Pty. Limited

Defendant

Procedural Posture

Civil / Interlocutory Application Regarding Access to Documents

Legal Issues

  1. 1 Whether a non-party (specifically the Trade Practices Commission) may inspect court documents and exhibits contrary to objections by defendants under Order 46 r.6 of the Federal Court Rules
  2. 2 The scope of public access and confidentiality of documents in court proceedings

Ratio Decidendi

Prevailing public policy, supported by Order 46 r.6, requires that exhibits, the index on the cover of the court file, and correspondence and like documents on file from parties and non-parties remain confidential to the parties and accessible only to legal advisers. There is no right in a non-party adversary (such as the Commission) to use the court as a source of information for their own separate proceedings when such documents are held for the purposes of litigation between other persons.

Court Disposition

Access restricted, orders granted as per application.

Orders

  • The documents referred to in Annexure A 2, A 3, and A5(12) remain confidential to the parties.
  • Inspection of these documents by parties is permitted only through their legal advisers.