In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) (No 2) [2020] NSWSC 1875

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) (No 2) [2020] NSWSC 1875 Hearing dates: On the papers Decision date: 18 December 2020 Jurisdiction: Equity - Corporations List Before: Leeming JA Decision: 1. The Notice to Produce dated 30 November 2020 be set aside. 2. The First Defendant pay the Plaintiff's costs of the Notice of Motion dated 10 December to set aside the Notice to Produce. Catchwords: COSTS – public interest immunity – Cabinet document – Commonwealth sought to rely on evidence not provided to other side in order to support claim of public interest immunity – basis of claim not otherwise disclosed – other side promptly conceded claim of public interest immunity once basis disclosed – appropriate order as to costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: In the matter of Timor Sea Oil & Gas Australia Pty Ltd (in liq) [2020] NSWSC 1832 Keddie v Foxall [1955] VLR 320 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Sabah Yazgi v Permanent Custodians Ltd (No 2) [2007] NSWCA 306 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256; 288 ALR 385 Category: Costs 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)