In the matter of Hunter Bulk Materials Pty Ltd (subject to a deed of company arrangement)

Hunter Bulk Materials Pty Ltd, which is currently under a deed of company arrangement, applied for access to confidential affidavits filed by another party. The application was made pursuant to section 596C(1) of the Corporations Act 2001. The respondent opposed the application, seeking to limit the scope of the order for production and objecting to the setting aside of examination summonses. The matter was heard in the Federal Court.

The primary legal issues revolved around the extent to which the applicant could access the confidential affidavits and the appropriateness of the examination summonses. The applicant argued that the affidavits were necessary for its defence in the proceedings. The respondent contended that the affidavits contained sensitive commercial information that should not be disclosed. Additionally, the respondent opposed the setting aside of the examination summonses, which required the applicant to submit to examinations under oath.

The Court held that the applicant was not entitled to access the confidential affidavits in their entirety. Instead, the Court limited the scope of the order for production to only those parts of the affidavits that were necessary for the applicant's defence. The Court also refused to set aside the examination summonses, finding that the examinations were a legitimate means of obtaining evidence. However, the Court directed that the examinations be held in private and specified the manner in which the examinations were to be transcribed to protect the confidentiality of the information.

The Court made an order limiting the scope of the production of the confidential affidavits and directing that the examinations be conducted in private and in accordance with specified procedures to protect the confidentiality of the information. The examination summonses were not set aside.