REID v HOWARD [1993] NSWCA 231

REID v HOWARD [1993] NSWCA 231

Leave to appeal granted only from orders that required the claimant to file and serve affidavits of assets, due to an arguable case concerning enhanced jeopardy relating to self-incrimination and the adequacy of protective orders; leave to appeal from orders for production of statement and taking of accounts refused.

Parties
Claimant: Reid; Opponent: Howard
Jurisdiction
Australia
Judgment Date
13 May 1993
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders; Appellate Decision
Outcome
Leave to appeal from disclosure orders of 6 April granted; otherwise refused. Stay of disclosure orders granted subject to strict conditions. Consolidation and expedition of appeals ordered.
Legal Topics
Mareva Injunction, Legal Professional Privilege, Self Incrimination, Compulsory Disclosure, Confidentiality Orders, Receivership, Tracing Funds, Fiduciary Duty
Equity Civil Procedure Mareva Injunction Legal Professional Privilege Self Incrimination Compulsory Disclosure Confidentiality Orders Receivership +2 more

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Parties

Reid

Claimant

Howard

Opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Orders; Appellate Decision

Legal Issues

  1. 1 Whether disclosure by affidavit of assets would increase the risk of self-incrimination for the claimant
  2. 2 Whether privilege against self-incrimination was waived by prior disclosure to police
  3. 3 Whether the court has jurisdiction to enforce confidentiality orders protecting compulsory affidavits against disclosure to prosecution authorities

Ratio Decidendi

Leave to appeal granted only from orders that required the claimant to file and serve affidavits of assets, due to an arguable case concerning enhanced jeopardy relating to self-incrimination and the adequacy of protective orders; leave to appeal from orders for production of statement and taking of accounts refused.

Court Disposition

Leave to appeal from disclosure orders of 6 April granted; otherwise refused. Stay of disclosure orders granted subject to strict conditions. Consolidation and expedition of appeals ordered.

Orders

  • Leave to appeal from disclosure orders made by Powell J on 6 April 1993 granted.
  • Leave to appeal from orders of Hodgson J of 25 March and Powell J of 6 April otherwise refused.