Esso Australia Resources Ltd & Ors v The Honourable Sidney James Plowman (Minister for Energy and Minerals)

The High Court of Australia heard an appeal concerning arbitrations between Esso Australia Resources Ltd and BHP Petroleum (North West Shelf) Pty Ltd and BHP Petroleum (Bass Strait) Pty Ltd (collectively, the Producers) and the Honourable Sidney James Plowman (Minister for Energy and Minerals), Gas and Fuel Corporation of Victoria, and Generation Victoria. The dispute arose from two separate gas supply agreements, each containing arbitration clauses, where the Producers sought to prevent the disclosure of information and documents provided during the arbitration process.

The primary legal issues before the Court were whether the arbitrations were private, thereby excluding strangers from hearings, and whether information and documents disclosed by one party to another in the arbitration were to be treated as confidential, unless authorised by statute. The Producers contended that documents and information of a private character supplied to the utility companies in the arbitration should not be disclosed except for the purposes of the arbitration or if required by statute. The types of information at issue included cost, price, volume, revenue, accounting, financial, technical operating, reserves, and marketing information relating to the Producers' Bass Strait operations.