Yara Australia Pty Ltd v Burrup Holdings Limited (No 2) [2010] FCA 1304

Yara Australia Pty Ltd v Burrup Holdings Limited (No 2) [2010] FCA 1304

The confidentiality orders should be continued, but limited to redacted portions of affidavits and documents containing confidential financial, financing, and settlement information, as it is necessary to prevent prejudice to the administration of justice under s 50; the remainder of the affidavits and documents can be made available for inspection by non-parties.

Parties
Applicant: Yara Australia Pty Ltd ACN 076 301 221; First Respondent: Burrup Holdings Limited ACN 097 138 353; Second Respondent: Burrup Fertilisers Pty Ltd ACN 095 441 151
Jurisdiction
Australia
Judgment Date
24 November 2010
Procedural Posture
Application for Continuation of Confidentiality Orders / Interlocutory Order (application Determined on the Papers)
Outcome
Confidentiality orders continued in a more limited form, with redactions required for confidential portions of affidavits and documents.
Legal Topics
Confidentiality Orders, Open Justice, Federal Court Procedure
Practice and Procedure Confidentiality Orders Open Justice Federal Court Procedure

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Parties

Yara Australia Pty Ltd ACN 076 301 221

Applicant

Burrup Holdings Limited ACN 097 138 353

First Respondent

Burrup Fertilisers Pty Ltd ACN 095 441 151

Second Respondent

Procedural Posture

Application for Continuation of Confidentiality Orders / Interlocutory Order (application Determined on the Papers)

Legal Issues

  1. 1 Whether continued confidentiality orders are necessary to prevent prejudice to the administration of justice pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

The confidentiality orders should be continued, but limited to redacted portions of affidavits and documents containing confidential financial, financing, and settlement information, as it is necessary to prevent prejudice to the administration of justice under s 50; the remainder of the affidavits and documents can be made available for inspection by non-parties.

Court Disposition

Confidentiality orders continued in a more limited form, with redactions required for confidential portions of affidavits and documents.

Orders

  • The confidentiality order of 12 November 2010, as varied by 17 November 2010, discharged and replaced.
  • Documents listed in Schedule A to be marked 'Confidential', to be inspected only by parties or solicitors.