Andrew O’Brien KC appeared for the First and Second Respondents, instructed by Ashurst Australia.
This case concerned an appeal against the dismissal of an application for orders obliging the respondent to depose to certain information, premised upon the concern arising from the same barrister having acted for different parties in associated proceedings. The Court of Appeal found that the learned primary judge was correct to conclude the appellants did not demonstrate there was a real risk of dissemination of confidential information. Ultimately, the appeal was dismissed, and the appellants were ordered to pay the respondents’ costs of the appeal to be assessed, if not agreed, on the standard basis.
The judgment can be read by clicking here
