Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 513

Supreme Court New South Wales

Medium Neutral Citation: Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 513 Hearing dates: 13 April 2018 Date of orders: 13 April 2018 Decision date: 13 April 2018 Jurisdiction: Common Law Before: Garling J Decision: 1. Grant access to the file as requested by Ms Misa Han of Fairfax Media and as requested by Ms Michaela Whitbourn, also Fairfax Media; 2. Exclude from their access the affidavit of Mr Brody Jack Clarke of 12 October 2017. Catchwords: CIVIL PROCEDURE – judgments and orders – media application for access to court file – where pending criminal proceedings arising out of same events – where personal medical information disclosed in one affidavit – weighing of public interest – grant of access to file with the exception of affidavit containing medical information Legislation Cited: Court Suppression and Non‑publication Orders Act 2010 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Birketu Pty Ltd (P1) WIN Corporation Pty Ltd (P2) Westpac Banking Corporation (D1) Sportsbet Pty Ltd (D2) Tabcorp Holdings Ltd (D3) Betfair Pty Ltd (D4) Brody Jack Clarke (D5) TAB Ltd (D6) Tabcorp Wagering (Vic) Pty Ltd (D7) Tabcorp Act Pty Ltd (D8) Representation: Counsel: D B Studdy SC / A R R Vincent (P1, P2) R Laban (D1) Submitting (D2, D3, D4, D6, D7, D8) G Thomas (D5)