NSW Caselaw
New South Wales Supreme Court
CITATION : Onefone Australia Pty Ltd v One.Tel Ltd [2009] NSWSC 865 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 19/08/09, 24/08/09, 25/08/09
JUDGMENT DATE : 25 August 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 25 August 2009
DECISION : Confidentiality order in part discharged.
CATCHWORDS : PROCEDURE - confidentiality order previously made by consent - one party seeks discharge of order - compromise that order to be discharged as to certain items only - certain other items remain in dispute - assessment by court of need for continued confidentiality of those items - CORPORATIONS - creditors' voluntary winding up - roles of special purpose liquidator and committee of inspection - source of confidentiality constraints upon them - confidentiality a product of duties of each to use information for proper purposes and in interests of general body of creditors - need for forthcoming meeting of creditors to consider mistrust and friction existing between special purpose liquidator and committee of inspection
CATEGORY : Principal judgment
CASES CITED : Onefone Australia Pty Ltd v One.Tel Ltd [2008] NSWSC 1335; (2008) 69 ACSR 290
Onefone Australia Pty Limited - First Plaintiff DCA Resources Australia Pty Limited - Second Plaintiff Pacific Finance Group Pty Limited - Third Plaintiff Concept Systems (Australia) Pty Limited - Fourth Plaintiff PARTIES : One.Tel Limited (in liquidation) - First Defendant Steven Sherman - Second Defendant Peter Walker - Third Defendant John Deloughery, Barbara Galloon, Gary Phillips, Alex Roth - Applicants Paul Gerard Weston - First Respondent Optus Mobile Pty Limited - Second Respondent
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