James, Dr B. v. Secretary, Department of Primary Industry & Energy [1994] FCA 719

JUDGMENT No. snuc2t Yoel 2h...

FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No NG 631 of 1994 GENERAL DIVISION )

BETWEEN:

DR BART JAMES

Applicant

AND:

SECRETARY, DEPARTMENT OF PRIMARY INDUSTRY AND ENERGY

Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 30 SEPTEMBER 1994

FEOERAL COURT OF

AUSTRALIA REASONS FOR JUDGMENT ae

REGISTRY =, "x

HIS HONOUR: An application has been made by Mr Johnson, on behalf of the respondent, that certain documents annexed to an affidavit of Ms Howell sworn 23 September 1994 in effect remain confidential to the legal advisers to the applicant and to the applicant himself. Further, Mr Johnson wishes the applicant himself to be subject to constraints concerning publication of

the substance of the documentary material.

This matter was the subject of orders made by Lindgren J., the latest of which, at any event, was made on 29 September 1994, that is yesterday. The effect of those orders was that the relevant documents could be disclosed by the legal advisers to the applicant only to the applicant himself, subject to certain

conditions. Those conditions included a requirement that no copy of the letter or any part of them should be provided to the applicant. Furthermore, the applicant was not to disclose to any

person the nature or contents of the documents.

Mr Johnson has today, in the course of the hearing, sought to continue the orders of Lindgren J. but in what seems to me to be a somewhat different context. We have now reached the hearing. Mr Pearce proposes to read the affidavit of Ms Howell to which these documents are annexed. Mr Pearce also has foreshadowed that there will be some cross-examination relating to these documents. Mr Johnson submits that the court should be closed, as I understand his position, while the affidavit containing these documents is read. He also submits that the court should be closed while the examination and cross-examination of Mr Macdonald takes place. This is because some reference to these documents may be made in the course of the examination and cross-