Birnie case media ban lifted

A High Court judge has lifted a suppression order banning the media from publishing details of a $19 million dispute between investment banker Bill Birnie and two aggrieved shareholders in one of his property entities.

But Birnie's lawyer, Michael Reed QC, has indicated his client may wish to appeal the decision. Justice Raynor Asher has given him until 2.15pm to decide and has continued the suppression order over parts of the previously-banned material until 2.30.

However, the media are now free to report details of the case that were canvassed in open court. The ban applies only to 26 paragraphs in two affidavits sworn by Birnie and his associate Steve Norrie that are claimed to be commercially sensitive.

Fairfax Media, along with other media, argued yesterday that the fundamental issue at stake was open justice, and the presumption that court hearings and judges' decisions should be open to the public scrutiny.

Justice Asher concurred, saying the process of justice should be transparent and decision-makers must be accountable.

There had to be more than embarrassment or detriment to reputation in civil cases before the court would intervene to suppress information, he said.

Central to the case is whether Birnie and his companies can stump up $19m if the two aggrieved shareholders win their case. Reed has indicated to the court that neither Birnie nor his companies could pay all, or even part, of the money.

- © Fairfax NZ News