Liberty Financial Pty Ltd v Scott [2003] FCA 982

FEDERAL COURT OF AUSTRALIA

Liberty Financial Pty Ltd v Scott [2003] FCA 982 PRACTICE AND PROCEDURE – discovery – access to material seized during Anton Piller Order LIBERTY FINANCIAL PTY LTD & SHERMAN MA v TREVOR WILLIAM SCOTT & BLUESTONE GROUP PTY LTD t/as BLUESTONE MORTGAGES V1256 of 2001 HEEREY J 16 SEPTEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V1256 OF 2001

BETWEEN: LIBERTY FINANCIAL PTY LTD

FIRST APPLICANT

SHERMAN MA

SECOND APPLICANT

AND: TREVOR WILLIAM SCOTT

FIRST RESPONDENT

BLUESTONE GROUP PTY LTD (t/as BLUESTONE MORTGAGES)

SECOND RESPONDENT JUDGE: HEEREY J

DATE OF ORDER: 16 SEPTEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Notwithstanding any previous Order of the Court or Undertaking given by the First Respondent or his Solicitors to the contrary, the First Respondent, his Solicitors and Counsel may have access to and make use of the material seized during the execution of the Anton Piller Orders made 20 December 2001 (the Seized Material) for purposes associated with the conduct of the Industrial Relations Commission proceeding numbered 2368 of 2001 (the IRC Proceeding) subject to paragraph 2 of this Order. 2. The use of the Seized Material in the IRC Proceedings by the First Respondent and the First Applicant shall be otherwise consistent with the Orders of this Court regarding its confidentiality, until further order. 3. Liberty to apply. 4. The Applicants pay the First Respondent's costs of, and in connection with, the First Respondent's Notice of Motion filed 5 September 2003, forthwith, such costs to be taxed on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.