Wright Prospecting Pty Ltd -v- Hamersley Iron Pty Limited [No 3] [2013] NSWSC 1069

Wright Prospecting Pty Ltd -v- Hamersley Iron Pty Limited [No 3] [2013] NSWSC 1069

A suppression order is not necessary except as to those parts of the documents which are not opposed, as the Rio defendants failed to establish sufficient confidentiality or irrelevance of the remainder. The documents were central to the litigation, much is public, and exceptional circumstances were not shown.

Jurisdiction
Australia
Judgment Date
09 August 2013
Procedural Posture
Commercial List Proceeding (application for Suppression Order) / Post Judgment Suppression Order Application
Outcome
Application for suppression order dismissed except as to undisputed and limited provisions. Existing suppression orders dissolved.
Legal Topics
['suppression Orders' 'confidentiality of Commercial Documents' 'open Justice' 'court Suppression and Non Publication Orders Act 2010']
['evidence' 'procedure'] ['suppression Orders' 'confidentiality of Commercial Documents' 'open Justice' 'court Suppression and Non Publication Orders Act 2010']

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Procedural Posture

Commercial List Proceeding (application for Suppression Order) / Post Judgment Suppression Order Application

Legal Issues

  1. 1 ['Whether a suppression order should be made under the Court Suppression and Non-publication Orders Act 2010 (NSW) with respect to documents admitted in evidence containing commercially confidential information' 'Whether disclosure of the documents is necessary to prevent prejudice to the proper administration of justice or is otherwise necessary in the public interest significantly outweighing open justice']

Ratio Decidendi

A suppression order is not necessary except as to those parts of the documents which are not opposed, as the Rio defendants failed to establish sufficient confidentiality or irrelevance of the remainder. The documents were central to the litigation, much is public, and exceptional circumstances were not shown.

Court Disposition

Application for suppression order dismissed except as to undisputed and limited provisions. Existing suppression orders dissolved.

Orders

  • ['Any extant order suppressing the contents of the documents or any other part of the Court Book is dissolved.' 'Suppression order made only as to the contents of the documents in respect of which there is no opposition; court book may be redacted accordingly.' 'Application dismissed save to that limited extent.'...