Dale v Veda Advantage Information Services and Solutions Limited [2007] FCA 1603

FEDERAL COURT OF AUSTRALIA

Dale v Veda Advantage Information Services and Solutions Limited [2007] FCA 1603

PRACTICE AND PROCEDURE – proceeding one of nine brought by individuals against credit reporting agency alleging it had provided incorrect information concerning their creditworthiness – causes of action in defamation and negligence – respondent served affidavit pursuant to usual direction of Court – respondent did not serve certain exhibits to the affidavit claiming that they were commercially confidential – respondent moved for orders that access to those exhibits be limited to legal representatives of the respective applicants and that they be required to give written undertakings to Court to use the copy exhibits and information in them only for purposes of the proceeding, and to destroy the copies at conclusion of proceeding – exhibits in question were business records showing internal procedures followed by respondent directed to ensuring that Privacy Act 1988 (Cth) and Credit Reporting Code of Conduct complied with – applicants assisted by a company whose role not clear on the evidence. Held: (1) affidavit and copy exhibits were served pursuant to "compulsion of law"; (2) access not denied to applicants; (3) written undertakings not required of applicants and their lawyers; (4) position of applicants and their lawyers left to be governed by their implied undertaking to the Court; (5) applicants and their lawyers would not be justified on the evidence in disclosing content of the exhibits to company assisting applicants.

Privacy Act 1988 (Cth) ss 18J, 18K Akins v Abigroup Ltd (1998) 43 NSWLR 539 cited Cadence Asset Management Pty Ltd v Concept Sports Ltd [2006] FCA 711 distinguished Commonwealth v Northern Land Council (1992) 176 CLR 604 cited Harman v Secretary of State for the Home Department [1983] 1 AC 280 cited SHANE DALE v VEDA ADVANTAGE INFORMATION SERVICES AND SOLUTIONS LIMITED (FORMERLY CALLED BAYCORP ADVANTAGE BUSINESS INFORMATION SERVICES LIMITED) AND ATTORNEY GENERAL IN AND FOR THE STATE OF NEW SOUTH WALES NSD 1994 OF 2006