Findex Group Ltd v McKay [2019] NSWCA 93

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Findex Group Ltd v McKay [2019] NSWCA 93 Hearing dates: 2 April 2019 Date of orders: 03 May 2019 Decision date: 03 May 2019 Before: Basten JA at [1]; Sackville AJA at [41]; Emmett AJA at [42] Decision: (1) Refuse leave to appeal from orders 1, 3(ii) and 5 made by Ward CJ in Eq on 19 October 2018.

(2) Order that the applicants pay the costs of the respondent, David Keith McKay, in this Court. Catchwords: CIVIL PROCEDURE – interlocutory orders – application for leave to appeal – importance of maintaining tight rein on procedural appeals – respect for overriding principle – whether proposed appeal more than merely arguable

CIVIL PROCEDURE – search orders – potential evidence seized and preserved – solicitors and officer of corporate applicant granted access – application by applicants for unrestricted access to material seized – proceedings not initiated – whether proposed access for purpose of discovery Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 63 Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 Evidence Act 1995 (NSW), s 136 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW), rr25.19, 25.20 Cases Cited: Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Harman v Secretary of State for Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 In Re the Will of F B Gilbert (deceased) (1946) 46 SR (NSW) 318 Metso Minerals (Australia) Ltd v Kalra (No 3) [2008] FCA 1201 Category: Principal judgment Parties: Findex Group Ltd (First Applicant) Spiro Paule (Second Applicant) Danielle Ludbey (Third Applicant) Phillip Hart (Fourth Applicant)