FEDERAL COURT OF AUSTRALIA

Re Bond; ex parte Hongkong Bank [1999] FCA 403

RE ALAN BOND; EX PARTE HONGKONG BANK

NB 1071 OF 1992

HELY J

31 MARCH 1999

SYDNEY

THE COURT ORDERS THAT:

1.                  Leave granted to Mr Paul Barry to inspect and take copies of the documents comprising the bankruptcy file of Alan Bond.

2.                  The leave granted in Order 1 does not extend to documents which have been made confidential by previous orders of the Court.

3.                  The leave granted in Order 1 does not extend to documents which were seized pursuant to search warrants or produced by parties in response to subpoenas addressed to them.

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

EXTEMPORE REASONS FOR JUDGMENT

1                     This is an application by Paul Barry pursuant to Order 46 rule 6 of the Federal Court Rules seeking access to the bankruptcy file of Alan Bond for the purpose of inspecting documents in that file and taking copies of such documents.  Mr Barry is an author working on a book about Alan Bond and he tells me, and I accept, that his main interest in seeking to inspect this file is to have access to source documents in order to ensure the factual accuracy of the book that he proposes to write and that fair treatment is accorded to Mr Bond.

2                     Until the Rules of this Court were changed in 1997 the bankruptcy file was open to inspection by any member of the public and Mr Barry has previously inspected documents on the file as have other journalists.  I directed that notice of this application be given to Mr Bond so that he could, if he wished, appear and object to the orders being made.  Mr McClintock has appeared here this morning for that purpose.  He opposes the making of orders.

3                     The substantial basis of his opposition is that Mr Bond wants to keep private that which has heretofore been private and that in effect permission to trawl through the file ought not be given to a person such as Mr Barry.  I think that as this file was open to public inspection throughout the whole of Mr Bond's bankruptcy and as Mr Bond is a figure of some public significance, it is appropriate that Mr Barry should have the leave which he seeks, subject to two qualifications.  I would therefore make an order that leave be granted under Order 46 rule 6 to inspect the file in relation to the bankruptcy of Alan Bond and that leave be granted to Mr Barry to take copies of documents which form part of that file.

4                     I would exclude from that permission documents of the following type: first, documents which have been made confidential by previous orders of the court and second, any documents seized pursuant to search warrants or produced by parties in response to subpoenas addressed to them.  I think it appropriate that there should be no order as to costs in this application.

Associate:

Dated:              31 March 1999