Findex Group Ltd v iiNet Ltd (Application by ASIC) (No 2) [2017] NSWSC 1048

Findex Group Ltd v iiNet Ltd (Application by ASIC) (No 2) [2017] NSWSC 1048

Further redactions as proposed by ASIC are necessary to protect public interest immunity, including redacting portions of documents where disclosure of context would be prejudicial. Plaintiffs' access must be restricted to the minimum extent necessary to uphold that immunity.

Jurisdiction
Australia
Judgment Date
11 August 2017
Procedural Posture
Consequential Orders (other Than Costs) / Post Public Interest Immunity Determination; Further Directions and Orders on Access/redaction of Documents
Outcome
Orders made for ASIC to serve redacted copies of documents within 7 days and restrict access in accordance with prior court orders; no formal order as to costs at this stage.
Legal Topics
['privilege' 'public Interest Immunity']
['evidence' 'equity'] ['privilege' 'public Interest Immunity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consequential Orders (other Than Costs) / Post Public Interest Immunity Determination; Further Directions and Orders on Access/redaction of Documents

Legal Issues

  1. 1 ['Whether further redactions are required to protect public interest immunity in documents seized from/produced by Mr McKay' "Balancing plaintiffs' access to documents with protection of public interest immunity"]

Ratio Decidendi

Further redactions as proposed by ASIC are necessary to protect public interest immunity, including redacting portions of documents where disclosure of context would be prejudicial. Plaintiffs' access must be restricted to the minimum extent necessary to uphold that immunity.

Court Disposition

Orders made for ASIC to serve redacted copies of documents within 7 days and restrict access in accordance with prior court orders; no formal order as to costs at this stage.

Orders

  • ["ASIC is to serve on the plaintiff's legal representative within 7 days redacted copies of any documents within Confidential Exhibit 'A' not already served on the plaintiffs' legal representatives, such redactions to be in accordance with the documents prepared by ASIC and provided to the Court on a confidential...