Friedrich v Herald & Weekly Times Limited

The High Court of Australia heard an application for a stay brought by the applicant, Herald & Weekly Times Limited, and David Syme & Co Limited, against unnamed respondents. The application concerned a stay of an examination under a specific section, as opposed to a stay of publication of that examination. The applicant sought to have the examination stayed until an application for special leave could be heard and determined.

The primary legal issue before the Court was whether to grant a stay of the examination. This involved considering the applicant's entitlement to make the application on an ex parte basis, given the circumstances of notification to the other parties. The Court also had to consider the role and potential interest of the liquidator in the proceedings, particularly in relation to any application concerning the publication of the examination.

The Court noted that the respondents, Herald & Weekly Times and David Syme & Co, had indicated they would not be represented at the hearing due to issues with notification and availability. However, they reserved their right to be heard if any issue concerning the publication of the examination was raised, as this was a fundamental issue in prior proceedings. The applicant's counsel explained that the application was being made ex parte in the sense that it was impossible to provide the respondents with the documents to be put before the Court at that time. The Court acknowledged the liquidator's active participation in a previous application for a stay pending appeal.