Findex Group Ltd v iiNet Ltd (Application by ASIC) [2017] NSWSC 853

Supreme Court New South Wales

Medium Neutral Citation: Findex Group Ltd v iiNet Ltd (Application by ASIC) [2017] NSWSC 853 Hearing dates: 28 April 2017 Decision date: 30 June 2017 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Admit MFI 1 as Confidential Exhibit "A" on the application by ASIC. 2. Subject to order 4 below, order that there be no access to, or inspection of, the documents in Confidential Exhibit A by anyone other than ASIC or its legal representatives and that none of the documents in Confidential Exhibit A be tendered into evidence in the proceedings. 3. Order that document ID MCN.001.001.5209 and all copies of the document at Tab 39 of Confidential Exhibit ASZ-1 to the affidavit of Amy Syi Zhang affirmed 15 February 2017 be returned to the Independent Solicitor appointed pursuant to the orders made by Rein J in these proceedings and that access to that document and its use (and the contents of [28(d)] of Ms Zhang's affidavit) be restricted as set out in order 2 above. 4. Direct that ASIC notify the plaintiffs and the associate to Ward CJ in Eq within 14 days as to whether objection is made, on the basis of public interest immunity, to the disclosure to the plaintiffs' legal representatives on a confidential basis of a copy of the documents over which public immunity has been claimed but redacted as indicated in the bundle of documents to be provided to ASIC's legal representatives at the time of publication of these reasons. If no objection is taken by ASIC to the production of the documents as so redacted, ASIC is to prepare and serve redacted copies of those documents on the plaintiffs' legal representatives within a further 14 days, access to which is to be restricted in accordance with order 4 of the orders made by McDougall J on 16 December 2016. 5. There be no order as to the costs of the application by ASIC. Catchwords: EVIDENCE — Privileges — Public interest immunity Cases Cited: Adelaide Brighton Cement v South Australia (1999) 75 SASR 209; [1999] SASC 379 Air Canada v Secretary of State for Trade [1983] 2 AC 394 Alister v The Queen (1983) 154 CLR 404 Attorney General v Stewart (1994) 34 NSWLR 667 Burmah Oil Co v Bank of England [1980] AC 1090 Cain v Glass (No 2) (1985) 3 NSWLR 230 Commonwealth of Australia v Northern Land Council (1993) 176 CLR 604; [1993] HCA 24 Derbas v The Queen (2012) 221 A Crim R 13; [2012] NSWCCA 14 Hilton v Wells (1985) 5 FCR 296 Jackson v Wells (1985) 5 FCR 296 Medical Board of South Australia v Fisher (2000) 76 SASR 242; [2000] SASC 92 Milisits v South Australia (2014) 119 SASR 538; [2014] SASCFC 67 National Crime Authority v Gould (1989) 23 FCR 191 Nestle Australia Ltd v Commissioner of Taxation (Cth) (1986) 11 FCR 453 R v Bebic (Court of Criminal Appeal (NSW), 27 May 1982, unrep) R v Fandakis [2005] NSWCCA 5 Sankey v Whitlam [1978] 142 CLR 1 Spencer v Commonwealth (2012) 206 FCR 309; [2012] FCAFC 169 Young v Quin (1985) 4 FCR 483 Zarro v Australian Securities Commission (1992) 36 FCR 40 Category: Principal judgment Parties: Findex Group Ltd (First Plaintiff) Spiro Paule (Second Plaintiff) Danielle Ludbey (Third Plaintiff) Phillip Hart (Fourth Plaintiff) iiNet Ltd (First Defendant) iiNet (Ozemail) Pty Ltd (Second Defendant) LinkedIn Australia Pty Ltd (Third Defendant) David Keith McKay (Fourth Defendant) ASIC (Applicant) Representation: Counsel: P Singleton (Applicant - ASIC) MA Friedgut (Plaintiffs)