Ross v Internet Wines Pty Ltd & Ors [2004] NSWCA 195

Ross v Internet Wines Pty Ltd & Ors [2004] NSWCA 195

Orders 3, 4 and 5 made on 20 August 2003 requiring the appellant to produce a disclosure affidavit and pass accounts infringed the appellant’s common law privilege against self-incrimination, and the procedure adopted pursuant to Bax Global (Australia) Pty Ltd v Evans was erroneous as entitlement to privilege must be determined prior to any compelled self-incriminatory disclosure; therefore, the orders must be set aside.

Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
['privilege Against Self Incrimination' 'court Appointed Manager' 'mareva Relief' 'disclosure Orders' 'accounting by Fiduciary']
['equity' 'civil Procedure'] ['privilege Against Self Incrimination' 'court Appointed Manager' 'mareva Relief' 'disclosure Orders' 'accounting by Fiduciary']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether orders for disclosure by affidavit and passing accounts infringed privilege against self-incrimination' 'Whether there was a proper basis and sufficient evidence for ordering disclosure/accounting' 'Whether Bax Global procedure lawfully regulated privilege in interlocutory context']

Ratio Decidendi

Orders 3, 4 and 5 made on 20 August 2003 requiring the appellant to produce a disclosure affidavit and pass accounts infringed the appellant’s common law privilege against self-incrimination, and the procedure adopted pursuant to Bax Global (Australia) Pty Ltd v Evans was erroneous as entitlement to privilege must be determined prior to any compelled self-incriminatory disclosure; therefore, the orders must be set aside.

Court Disposition

Appeal allowed in part

Orders

  • ['Set aside orders 3, 4 and 5 made on 20 August 2003' 'No order as to the costs of the appeal']