In the matter of ORIX Australia Corporation Limited [2022] NSWSC 577

Supreme Court New South Wales

Medium Neutral Citation: In the matter of ORIX Australia Corporation Limited [2022] NSWSC 577 Hearing dates: 21 March 2022 Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Equity - Corporations List Before: Williams J Decision: See [61]. Catchwords: CIVIL PROCEDURE – files from Local Court and District Court criminal proceedings produced to Court pursuant to Uniform Civil Procedure Rules 2005 (NSW), r 33.13. – files include Crown Case Statement produced pursuant to ss 141 and 142 of the Criminal Procedure Act 1986 (NSW) – Crown Case Statement includes extracts or purported extracts of transcripts of telephone conversations recorded pursuant to warrant obtained under Telecommunications (Interception and Access) Act 1979 (Cth) or Surveillance Devices Act 2007 (NSW) – whether Crown Case Statement tendered in Local Court and District Court criminal proceedings – where transcripts of telephone conversations not tendered in those proceedings – where accused discharged prior to conclusion of criminal proceedings – where accused in criminal proceedings are defendants in civil proceedings in this Court – where substantial overlap between Crown case in the criminal proceedings and plaintiff's allegations in civil proceedings in this Court – where plaintiff sought order permitting it to access the Crown Case Statement in the Local Court and District Court files – open justice principle – Practice Note SC Gen 2 – whether Court should exercise discretion to grant or refuse access to the plaintiff Legislation Cited: Practice Note SC Gen 2 Surveillance Devices Act 2007 (NSW), s 40 Telecommunications (Interception and Access) Act 1979 (Cth), ss 5, 5B, 63, 75A Uniform Civil Procedure Rules 2005 (NSW), r 33.13 Cases Cited: Gwynvill Properties Pty Ltd v UTSG Pty Ltd [2017] NSWCA 208 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 In the matter of Festival Corp Pty Ltd [2020] NSWSC 1637 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 John Fairfax Publications Pty Ltd v Ryde Local Court (2005) 62 NSWLR 512; [2005] NSWCA 101 R v Gallagher [2012] NSWSC 484 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 UTSG Pty Ltd v Gwynvill Properties Pty Ltd [2017] NSWSC 558 Category: Procedural rulings Parties: ORIX Australia Corporation Limited (Plaintiff) John Joseph Carter (First Defendant) George Georgiou (Second Defendant) Chubb Insurance Australia (Second Cross Defendant) Representation: Counsel: D Williams SC with P G Bolster and A Zheng (Plaintiff) M Ashhurst SC with D Mackay and S Scott (First Defendant) S Golledge SC with W Burton (Second Defendant)