The factors relevant to an application for release from the implied undertaking to provide discovered documents to police include: the nature of the offence alleged; the cogency of the evidence; the authority to which disclosure is sought; the manner of intended use and possibility of misuse; any prejudice to the respondent; and whether the application has been brought for personal advantage or improper purpose. The fact that police have previously investigated the same subject matter without laying charges does not defeat the application unless it appears the police were already aware of the matters in the documents. It is not necessary that existing charges relate to the documents; it is sufficient that they appear to warrant further investigation.
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