Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Siam Polyethylene Co Ltd v Minister of State for Home Affairs (No 3) [2009] FCA 839
HIGH COURT AND FEDERAL COURT –– practice and procedure –– confidentiality orders –– open justice principle –– commercially sensitive information –– statutory scheme makes provision for information submitted in the course of administrative inquiry and decision making process to be kept confidential –– international instrument implemented by domestic legislation emphasises the importance of keeping such information confidential –– whether Court should exercise its discretion to order that commercially sensitive information remain confidential
Federal Court of Australia Act 1976 (Cth) s 50 Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 Art 6.5 Dickason v Dickason (1913) 17 CLR 50 cited John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 followed John Fairfax Publications Pty Ltd v Attorney-General (NSW) (2000) 181 ALR 694 cited Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 discussed Scott v Scott [1913] AC 417 discussed SIAM POLYETHYLENE COMPANY LIMITED v MINISTER OF STATE FOR HOME AFFAIRS and CHIEF EXECUTIVE OFFICER OF CUSTOMS
NSD 1194 of 2008
SIAM POLYETHYLENE COMPANY LIMITED v MINISTER OF STATE FOR HOME AFFAIRS and CHIEF EXECUTIVE OFFICER OF CUSTOMS
NSD 1557 of 2008
RARES J
7 AUGUST 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
general division NSD 1194 of 2008
BETWEEN: SIAM POLYETHYLENE COMPANY LIMITED
Applicant
AND: MINISTER OF STATE FOR HOME AFFAIRS
Respondent
CHIEF EXECUTIVE OFFICER OF CUSTOMS
Second Respondent
JUDGE: RARES J
DATE OF ORDER: 3 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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