Andrew O’Brien KC appeared for the first respondent, instructed by Ashurst.
This case concerned a proceeding commenced by the Applicants (QNI Metals Pty Ltd and QNI Resources Pty Ltd), seeking an order requiring each of the respondents to serve on the Applicants an affidavit deposing to that respondent’s knowledge concerning certain information passing between various identified people on identified topics. The Court considered the nature of their exclusive jurisdiction to protect confidential information, and to make orders in aid of the Applicants’ rights at law. The Court also considered its inherent jurisdiction to protect the integrity of its own processes, and to make orders for inspection, detention, custody or preservation of property. It was held that the originating application be dismissed, as no evidentiary basis had been established for the exercise of any jurisdiction of the Court to make orders such as those sought by the Applicants.
The judgment can be read by clicking here
