Onefone Australia Pty Limited v One.Tel Limited (In Liquidation) [2010] NSWSC 586

New South Wales Supreme Court

CITATION : Onefone Australia Pty Limited v One.Tel Limited (In Liquidation) [2010] NSWSC 586 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 27/05/2010

JUDGMENT DATE : 27 May 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 27 May 2010

1. Order that if and insofar as an order has been made that the interlocutory process filed by the special purpose liquidator on 14 May 2010 be kept confidential and not be disclosed to any other person, that that order, in its application for interlocutory process, be discharged. DECISION : 2. Order that the special purpose liquidator's interlocutory process filed 14 May 2010 and the applicants' interlocutory process filed 26 May 2010 be removed into the Court of Appeal. 3. Order that the respondent to the applicants' interlocutory process filed 26 May 2010 file and serve within seven days any affidavit to be relied upon in relation to the interlocutory process. 4. Costs of the present application will be costs in the applicants' interlocutory process.

CATCHWORDS : CORPORATIONS - previous orders made by Barrett J for confidentiality of evidence and reasons given on application by special purpose liquidator in respect of appointment and entry into agreements - application by committee of inspection for access to confidential evidence and reasons - application to stay and set aside orders - issues should be determined by Court of Appeal - removal of proceedings to Court of Appeal under Uniform Civil Procedure Rules, r 1.21 - relevant proceedings for removal under r 1.21