P v D1 & Ors [No 2] [2009] NSWSC 1493

New South Wales Supreme Court

CITATION : P v D1 & Ors [No 2] [2009] NSWSC 1493

HEARING DATE(S) : 9/10/09, 23/10/09, 28/10/09, 29/10/09,04/11/09, 06/11/09, 26/11/09, 11/12/09

JUDGMENT DATE : 17 December 2009

JURISDICTION : Equity

JUDGMENT OF : Slattery J at 1

DECISION : See paragraph 18 of judgment.

CATCHWORDS : PROCEDURE - Supreme Court procedure - New South Wales - claim for access to court file - claim resisted on public interest immunity grounds - consideration of appropriate orders to secure the position up to the time of judgment - orders made preventing disclosure until final judgment of the name of the proponent of the claim for public interest immunity

CATEGORY : Consequential orders

P- Plaintiff D1- First Defendant PARTIES : D2- Second Defendant D3- Commonwealth Bank of Australia D4- Fourth Defendant

FILE NUMBER(S) : SC 05/1290

Plaintiff-Mr T Kerr First & Second Defendant- Mr D Hayes COUNSEL : Third Defendant- No appearance Fourth Defendant- No appearance Applicant- Mr M Polden Respondent- Ms M England

Plaintiff- Henry Davis York First & Second Defendant- Hayes Partners SOLICITORS : Third Defendant- No appearance Fourth Defendant- No appearance Applicant- Johnson Winter & Slattery Respondent- Crown Solicitor

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

SLATTERY J

THURSDAY 17 DECEMBER 2009

1290/05 P v D1; D2; COMMONWEALTH BANK OF AUSTRALIA LIMITED & D4 [NO 2] JUDGMENT 1 HIS HONOUR: John Fairfax Media Publications Pty Ltd ("Fairfax") is the moving party for access to the court file in this matter. Full argument supported by extensive written submissions has now taken place on Fairfax's application. At the conclusion of argument on 26 November 2009 I reserved judgment. I indicated to the parties that I would give that judgment in the new year.