Campaigntrack Victoria Pty Ltd v Gary William Gannon

Campaigntrack Victoria Pty Ltd, represented by its liquidators, sought a court order for the disclosure of certain documents from Gary William Gannon, the director of Galacoast Pty Ltd, Galacoast Property Management Pty Ltd, and Galacoast Mermaid Beach Pty Ltd. The claim arose out of civil proceedings where Campaigntrack made a claim against the claim fund established by the liquidators. The dispute was heard in the Queensland Civil and Administrative Tribunal. The primary legal issue before the Tribunal was whether it was in the interests of justice to order the disclosure of certain documents as sought by Campaigntrack. This required consideration of section 62(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

The Tribunal held that the disclosure of the documents was necessary for the fair and just resolution of the proceedings. The Tribunal considered that the documents were relevant to the claim and the defence made by Gannon, and therefore, the disclosure was warranted. The Tribunal exercised its discretion under section 62(3) of the Act, and ordered the disclosure of specific documents to Gannon. These included documents from the liquidators and financial records from Campaigntrack that related to transactions with the Galacoast entities and Gannon. The Tribunal set out the timelines for the production and exchange of these documents, and also directed the parties to submit written arguments on the costs associated with the production of documents, and the basis for any costs order. The Tribunal decided to determine the costs issue without an oral hearing, based on the written submissions from the parties.

In summary, the Tribunal ordered the disclosure of certain documents to Gannon, subject to the payment of production costs by Gannon to the liquidators. Campaigntrack was also ordered to provide specific financial documents to Gannon. The Tribunal set out detailed timelines for the production, exchange, and assessment of costs associated with the disclosure of documents. The decision underscores the importance of transparency and the fair resolution of disputes in civil proceedings, and the exercise of discretion by the Tribunal in balancing the interests of the parties involved.