Southern Cross Pipelines Australia Pty Ltd v Michael

The matter in question involved Southern Cross Pipelines Australia Pty Ltd and others against Kenneth Comninos Michael, the Western Australian Independent Gas Pipelines Access Regulator, and the State of Western Australia. The dispute centred around the interpretation of contractual obligations and the implications of a regulatory decision on gas tariffs. The Supreme Court of Western Australia was tasked with resolving these issues.

The legal issues before the court included the interpretation of confidentiality clauses within the Gas Transmission Agreement, the impact of these clauses on the court's ability to publicly discuss the terms of the agreement, and the consequences of these clauses on the publication of court decisions. The plaintiffs argued that the confidentiality provisions of the agreement required the court to restrict the publication of the reasons for the decision, particularly given that the hearing had been conducted in public chambers and references were made to the confidential agreement.

The court, presided over by Justice Heenan, considered the arguments presented by the plaintiffs and the implications of the confidentiality clauses. While acknowledging the existence of a power to restrict the publication of certain information in exceptional circumstances, the court found that the economic sensitivity of the information did not justify restricting the publication of the reasons for decision. The court emphasized that the paramount objective of the court was to do justice in accordance with the law, and this should ordinarily be conducted in public. Justice Heenan concluded that the plaintiffs' concerns about confidentiality, while valid, did not warrant restricting the publication of the court's reasons, especially since the confidentiality provisions themselves acknowledged the possibility of disclosure under certain legal requirements.