Findex Group Ltd v McKay

[2019] NSWCA 93

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory orders
3. › Leave to appeal
4. › Principles governing leave to appeal from interlocutory orders
5. › Whether proposed appeal more than merely arguable
6. › Whether tight rein on procedural appeals should be maintained
7. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Search orders (Anton Piller orders)
3. › Purpose and scope of search orders
4. › Documents seized and preserved
5. › Application for unrestricted access to seized material
6. › Whether access sought for purpose of discovery or investigation of potential causes of action
7. › Whether search order may be used as investigatory tool
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 25.19, 25.20
1. Practice and Procedure
2. › Implied undertaking
3. › Documents obtained through court process
4. › Release from implied undertaking not to use documents for collateral purpose
5. › Whether release should be granted where no substantive proceedings commenced

Quick Take

A search order under UCPR r 25.19 cannot be used as an investigatory tool to trawl through seized documents for the purpose of identifying potential causes of action beyond those foreshadowed when the order was obtained; parties seeking to use seized documents for collateral purposes must apply for release from the implied undertaking.