Parbery re Trio Capital Ltd [2010] NSWSC 798

New South Wales Supreme Court

CITATION : Parbery re Trio Capital Ltd [2010] NSWSC 798

HEARING DATE(S) : 12/07/10, 13/07/10, 15/07/10

JUDGMENT DATE : 20 July 2010

JURISDICTION : Equity Division Corporations List

JUDGMENT OF : Barrett J

DECISION : 1. Order that the subsisting confidentiality order in respect of the affidavit of Shawn Richard sworn on 9 July 2010 be discharged and that that affidavit be retained in the court file in accessible form. 2. Direct that each of John Fairfax Publications Pty Ltd and Nationwide News Pty Ltd may have access to the said affidavit through the court's Public Information Officer.

CATCHWORDS : PROCEDURE - application made upon affidavit of applicant for which confidentiality granted for the purposes of the hearing - application dismissed - applicant seeks permanent suppression order in relation to his affidavit - two media companies apply for access to the affidavit - whether necessary to continue suppression for the purpose of securing the due administration of justice - private interest and potentially damaging and embarrassing publicity insufficient - where such publicity has already occurred

LEGISLATION CITED : Corporations Act 2001 (Cth), Part 5.9 Federal Court of Australia Act 1976, s 50

CATEGORY : Procedural and other rulings

Attorney-General for New South Wales v Nationwide News Pty Ltd [2007] NSWCCA 307; (2007) 73 NSWLR 635 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 84 ALJR 479 CASES CITED : John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 Parbery re Trio Capital Ltd [2010] NSWSC 775 P v D1 (No 3) [2010] NSWSC 644