Reid v Howard [1995] HCA 40

High Court of Australia Deane, Toohey, Gaudron, McHugh and Gummow JJ Toohey, Gaudron, McHugh and Gummow JJ Reid v Howard [1995] HCA 40

ORDER

1. Appeal allowed.

2. Set aside the orders of the New South Wales Court of Appeal, and in lieu thereof order:

(a) appeal allowed;

(b) set aside order 3 in Matter No 1885 of 1993 and order 3 in Matter No 1923 of 1993 made by Powell J on 6 April 1993 and, in lieu thereof, dismiss the respondents' applications to the Equity Division of the Supreme Court of New South Wales in so far as they concern orders for disclosure.

3. The envelopes containing the affidavits and copy affidavits required as a condition of the grant of leave to appeal to the Court of Appeal be returned to the appellant or his solicitors for their destruction.

4. Stand over the question of costs in this Court and of the proceedings in the courts below to enable the respondents to file written submissions within fourteen days. The appellant shall have ten days within which to file submissions in reply.

6 December 1995 After receiving written submissions, the Court made the following further orders:— Set aside the orders as to costs insofar as they relate to the question of self-incrimination in Matter No 1885 of 1993 and Matter No 1923 of 1993 made by Powell J on 6 April 1993 and, in lieu thereof, order that each party pay their own costs of the proceedings in the Equity Division of the Supreme Court of New South Wales in so far as they relate to the question of self-incrimination. The respondents pay the costs of the appellant in the Court of Appeal. Remit the matter to the Court of Appeal to permit the respondents to apply for a certificate under the Suitors' Fund Act 1951 NSW. No order as to the costs of proceedings in this Court.

Cur adv vult

The following written judgments were delivered:—