Tradestock Pty ltd v T.N.T. (Management) Pty Ltd

Tradestock Pty Ltd and others sued T.N.T. (Management) Pty Ltd and others, alleging contraventions of the Trade Practices Act 1974 (Cth). The defendants applied for orders to prevent the Trade Practices Commission from inspecting certain documents in the Court Registry. Smithers J considered the competing public policy interests of protecting litigants from unwanted exposure to third parties and ensuring wrongdoers are punished. The Court held that the primary concern must be protecting the defendant's right to defend themselves without fear of the Court assisting adversaries. While the Commission's interest in punishing wrongdoing was legitimate, it did not outweigh the defendant's right to privacy and protection from unwanted exposure. The Court ordered that certain documents remain confidential between the parties, while allowing the Commission access to some documents to indicate the existence and course of the proceedings. The parties' legal advisers could inspect all documents.