Secrecy shrouds dispute in ‘widely known’ family

High Court judges are keeping a commercial dispute about a “widely known” family under wraps as the fight moves to arbitration.

Heavy secrecy orders prevent Businessdesk from reporting the names, addresses, occupations or any other identifying particulars.

However, we can say that the proceeding alleges breaches of the Companies Act and of contract.

It involves one member of the family suing the family company and other members of the family.

It was filed last year and has been moved to private arbitration, court documents indicate. Justice Cheryl Gwyn, in a recent minute, said the proceeding “is about private arrangements concluded by the family in a confidential settlement deed”.

The minute dated July 27 explains how Businessdesk was denied video access to view and report on a preliminary hearing in the matter on June 22 by Justice David Gendall.

According to Justice Gwyn, Justice

Gendall in a July 8 ruling then continued existing suppression orders.

He also made an order preventing information from the court file being seen without leave of a judge.

Businessdesk has been denied access to his ruling and other court records by Justice Gwyn.

She noted there had been no substantive hearing in the proceeding, “only a ruling as to jurisdiction”, and that statements of defence had not been filed before the proceedings were halted due to the arbitration.

“I accept . . . it would be difficult to achieve fair and balanced reporting of the proceeding,” the minute said.

The fact it was moved to arbitration also weighed in favour of secrecy, she said. “Finally, although, as Gendall J acknowledged, the family name of the parties is a widely known one, the proceeding is about private arrangements.

“I agree with the defendants’ submission that it would be difficult to publish any information about the court file in a way that protected the identities of the parties involved.”