Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport "JMG" v National Australia Bank Limited & Ors [47] [2001] NSWSC 1024

New South Wales Supreme Court

CITATION : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors; Idoport Pty Limited & Market Holdings Pty Limited v Donald Robert Argus; Idoport "JMG" v National Australia Bank Limited & Ors [47] [2001] NSWSC 1024 FILE NUMBER(S) : SC 50113/98; 50026/99; 3991/00 HEARING DATE(S) : 8/11/01 JUDGMENT DATE : 14 November 2001

Idoport Pty Limited (Plaintiff) PARTIES : National Australia Bank Limited (Defendant) Donald Robert Argus (Defendant) JUDGMENT OF : Einstein J

COUNSEL : Mr M Dicker (Plaintiff) Mr J Gleeson (Defendants) SOLICITORS : Withnell Hetherington (Plaintiff) Freehills (Defendants) CATCHWORDS : Practice and procedure - Confidentiality Orders - Principles - Public interest in open justice - Public interest in knowing the essential reasons for a court decision - Interest of litigants in knowing the essential reasons for a court's decision - Extent to which materials the subject of claimed confidentiality were the subject of open submissions and have now passed into the public arena - Extent to which the claimed confidential information was referred to in the open section of the judgment - Not possible for either the parties or the public to fully understand the courts reasons for decision on the security for costs motion without reference to the confidential sections of the judgment - Relevance of recent development where Idoport Pty Limited has failed to comply with the order of the court requiring payment of security for costs leading to MLC proceedings now being stayed - Principle of open justice presently requires that the existing confidentiality regime requires to be lifted. David Syme & Co Ltd v General Motors-Holden Ltd [1984] 2 NSWLR 294 Estates Property Investment Corporation Ltd v Pooley 1975 3 ACLR 256 G v H (1994) 181 CLR 387 Home Office v Harman [1983] 1 AC 280 Housing Commission of NSW v Tatmar Pastoral Co Pty Ltd (1983) 3 NSWLR 378 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 John Fairfax Group Pty Ltd (Receivers and Managers Appointed) v Local Court of New South Wales (1991) 26 NSWLR 131 John Fairfax Pty Ltd v Attorney General (NSW) (2000) 181 ALR 694 J v L & A Services Pty Ltd (No.2) [1995] 2 Qd.R 10 CASES CITED : Idoport Pty Limited & Anor v National Australia Bank Limited & 8 Ors [2001] NSWSC 744 Mann v Carnell (2000) 201 CLR 1 National Australia Bank Limited v Market Holdings Pty Limited (in liq) [2001] NSWSC 253; 37 ACSR 629 Public Service Board v Osmond (1986) 159 CLR 656 Raybos Australia Pty Ltd v Jones (1985) 2 NSWLR 47 Scott v Scott [1913] AC 417 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 The Commonwealth v Verwayen (1990) 170 CLR 394 Titelius v Public Service Appeal Board & Ors [1999] WASCA 19 Trade Practices Commission v Arnotts Ltd & Ors (1990) 93 ALR 638 DECISION : Appendix A to the judgment of the Court of 13 September 2001 to be published without restriction and those persons who had previously given undertakings to the Court following confidentiality regime, to be released from those undertakings. Short minutes of order to be brought in.