In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2020] NSWSC 1832

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2020] NSWSC 1832 Hearing dates: 14 December 2020 Date of orders: 14 December 2020 Decision date: 15 December 2020 Jurisdiction: Equity - Corporations List Before: Leeming JA Decision: 1. Order under ss 7 and 8 of the Court Suppression and Non-publication Orders Act 2010 (NSW), relying on s 8(1)(e) ("it is otherwise necessary in the public interest for the order to be made and that public interest significantly outweighs the public interest in open justice") that paragraphs 30 to 34 of the affidavit of Ms Leonie McGregor of 10 December 2020 may be read but on the basis that the access given to the plaintiff be confined to access by Mr Ian Jackman SC and Ms Colleen Platford personally. 2. Order 1 will be in place for the period of 12 months from today pursuant to s 12 of the Act. Catchwords: EVIDENCE – public interest immunity – Cabinet document – application for evidence sought to be adduced in support of claim to be received confidentially without being disclosed to the other side – absence of any "usual practice" in such cases – whether a case had been made out for significant departure from principles of procedural fairness Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 9, 12 Evidence Act 1995 (NSW), ss 130, 131A Judiciary Act 1903 (Cth), s 79 Supreme Court (Corporations) Rules 1999) (NSW), r 2.2 Cases Cited: Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38; [2013] HCA 7 Commonwealth v Northern Land Council (1993) 176 CLR 604; [1993] HCA 24 Franklin v Commissioner of Police [2018] NSWSC 310 Lawrence v State of New South Wales [2020] NSWCA 248 Masson v Parsons (2019) 266 CLR 534; [2019] HCA 21 Meissner v R (1994) 76 A Crim R 81 R v Arthur Stanley Smith (1996) 86 A Crim R 308 Rizeq v Western Australia (2017) 262 CLR 1; [2017] HCA 23 State of New South Wales v Public Transport Ticketing Corporation (No 3) (2011) 81 NSWLR 394; [2011] NSWCA 200 Wainohu v New South Wales (2011) 243 CLR 181; [2011] HCA 24 Category: Procedural and other rulings Parties: Castleton Commodities Merchant Asia Co Pte Ltd (Plaintiff/Respondent) Commonwealth of Australia (First Defendant/Applicant) Timor Sea Oil & Gas Australia Pty Ltd (in liq) (Second Defendant) Northern Oil & Gas Australia Pty Ltd (in liq) (Third Defendant) Representation: Counsel: I M Jackman SC (Plaintiff/Respondent) G Kennett SC, N Kirby (First Defendant/Applicant)