Llewellyn v Nine Network Australia Pty Ltd

FEDERAL COURT OF AUSTRALIA

Llewellyn v Nine Network Australia Pty Limited [2006] FCA 836

COURTS AND JUDGES – access to pleadings by non-parties – O 46 r 6 Federal Court Rules - principles of open justice – s 50 Federal Court of Australia Act1976 (Cth) – confidentiality – administration of justice

Held – interim injunction to prevent access by non-parties dissolved and costs awarded in favour of John Fairfax Publications Pty Ltd and Nationwide News Pty Ltd

Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 followed
Batistatos v The Roads and Traffic Authority of New South Wales [2006] HCA 27 applied
Coco v The Queen (1994) 179 CLR 425 followed
Dickason v Dickason (1913) 17 CLR 50 applied
D'Orta-Ekenaike v Victorian Legal Aid (2005) 79 ALJR 755 applied
eisa Ltd v Brady [2000] NSWSC 929 disapproved
Home Office v Harmon [1983] 1 AC 280 referred to
John Fairfax & Sons Pty Ltd v McRae (1955) 93 CLR 351 cited
John Fairfax and Sons Limited v Police Tribunal of New South Wales (1986) 5 NSWLR 465 applied
John Fairfax Publications Pty Ltd v Rich [2002] NSWSC 198 disapproved
Mirror Newspapers Limited v Harrison (1982) 149 CLR 293 applied
Re Wakim; Ex parte McNally (1999) 198 CLR 511 referred to
Scott v Scott [1913] AC 417 applied

Federal Court Rules O 46 r 6
Federal Court of Australia Act1976 (Cth) s 50

MARK LLEWELLYN v NINE NETWORK AUSTRALIA PTY LIMITED
NSD 1221 OF 2006

RARES J
30 JUNE 2006
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1221 OF 2006

BETWEEN:	MARK LLEWELLYN APPLICANT
AND:	NINE NETWORK AUSTRALIA PTY LIMITED RESPONDENT
JUDGE:	RARES J
DATE OF ORDER:	30 JUNE 2006
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The interim order made on 29 June 2006 that the Statement of Claim in these proceedings not be available for inspection by any person up to and including 30 June 2006 be dismissed.

2.The respondent pay the costs of Nationwide News Pty Limited and John Fairfax Publications Pty Ltd of the application for access under O 46 r 6 made yesterday and today to the Court.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1221 OF 2006

BETWEEN:	MARK LLEWELLYN APPLICANT
AND:	NINE NETWORK AUSTRALIA PTY LIMITED RESPONDENT

JUDGE:	RARES J
DATE:	30 JUNE 2006
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

1. In this matter proceedings were commenced on 23 June 2006 by the filing of an application and statement of claim by Mr Llewellyn.  Mr Llewellyn was formerly employed by Nine Network as a journalist in various positions until he became Director of News and Current Affairs in late October 2005.  He claimed in his statement of claim that his employment had certain contractual features and that certain representations had been made to him which may have given rise…