Re Drummy (dec'd)

[2008] VSC 212

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

No. 1094 of 1949

IN THE MATTER of an application by PETER FURBOROUGH
pursuant to Rule 28.05(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005

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IN THE MATTER of Divorce and Matrimonial Causes of James Thomas Drummy and Winifred Margaret Drummy

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JUDGE:	JUDD J
WHERE HELD:	Melbourne
DATE OF HEARING:	On the papers
DATE OF JUDGMENT:	19 June 2008
CASE MAY BE CITED AS:	In the matter of Winifred Margaret Drummy (deceased)
MEDIUM NEUTRAL CITATION:	[2008] VSC 212

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PRACTICE AND PROCEDURE – Application for leave to inspect a divorce file pursuant to Rule 28.05(2)(b) of the Supreme Court (General Civil Procedure) Rules 2005 – Confidentiality – Valid interest in inspecting file.

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Ex parte application by applicant

APPEARANCES:	Counsel	Solicitors
No appearances

HIS HONOUR:

1. This is an application for leave to inspect the file in divorce proceeding number 1094 of 1949 in which James Thomas Drummy was petitioner and Winifred Margaret Drummy (nee O’Kane) respondent.  The applicant, Peter Furborough, is researching his family history and the whereabouts or last resting place of his paternal grandmother, Winifred Margaret O’Kane, who appears to be one and the same with the respondent.  The application is made by a letter dated 16 December 2007 and an affidavit, imperfect in form, which discloses the applicant’s relationship to the parties in this proceeding, the purpose for which access is sought and the use to which the information obtained might be put.  The applicant cannot know, of course, the extent to which the court file might assist his enquiry.

1. I have read and considered the decision of Whelan J in the matter of proceeding number 291 of 1944.[1]  In my view the applicant has provided a sufficient reason to justify departure from the usual confidentiality attaching to a court file in divorce proceedings.  The file is very old.  The petitioner is no longer living and there is good reason to believe that the respondent may no longer be living, although that is one of the matters the applicant wishes to ascertain.

   [1][2006] VSC 50.

1. In my view, the applicant should have leave to inspect the file in this proceeding. He has a valid interest in inspecting the file.  It is unlikely that his inspection would compromise the privacy of the respondent or any non-party.  The applicant’s mother had a sibling, John Maurice Drummy, born 7 April 1938.  Nothing is said of his interest in maintaining confidentiality or otherwise, although having regard to the content of the file it is unlikely that his interest would be compromised by granting this application. 

1. Accordingly, I order pursuant to Rule 28.05(2)(b) of the Rules of Court that the applicant have leave to inspect the documents on the file of proceeding number 1094 of 1949.

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