Optus Mobile v Lee [2018] NSWSC 1344

Optus Mobile v Lee [2018] NSWSC 1344

Access, use, and disclosure of the subpoenaed documents by Optus is authorised by or under law because it is granted pursuant to the court's power under UCPR r 33.9 and falls within the s 280(1)(b) exception to the prohibitions in s 276(1) of the Telecommunications Act.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Procedural and Other Rulings / Application for Leave to Access Documents Produced Under Subpoena
Outcome
Leave granted
Legal Topics
['access to Subpoenaed Documents' 'telecommunications Law' 'use and Disclosure of Information' 'subpoena Compliance']
['civil Procedure'] ['access to Subpoenaed Documents' 'telecommunications Law' 'use and Disclosure of Information' 'subpoena Compliance']

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Procedural Posture

Procedural and Other Rulings / Application for Leave to Access Documents Produced Under Subpoena

Legal Issues

  1. 1 ['Whether leave should be granted for Optus to access, use and disclose documents produced by its employees under subpoena, in light of the Telecommunications Act 1997 (Cth) prohibitions']

Ratio Decidendi

Access, use, and disclosure of the subpoenaed documents by Optus is authorised by or under law because it is granted pursuant to the court's power under UCPR r 33.9 and falls within the s 280(1)(b) exception to the prohibitions in s 276(1) of the Telecommunications Act.

Court Disposition

Leave granted

Orders

  • ['Optus is granted leave to access, use and disclose the documents produced by Messrs Dao and Finlay and the information contained in them, in accordance with paragraphs 1 to 6 as amended of the form of order initialled and dated 17 August 2018.']