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High Court rules that the applicants are entitled to use documents furnished to them in separate proceedings instituted by the Director of Corporate Enforcement against the respondent for the purpose of pursuing their own litigation against the respondent (for breach of data privacy), on the grounds that: (a) there are special circumstances for doing so; (b) there will be no injustice to the respondent in doing so; and (c) the refusal of the order would result in an injustice to the applicants.
Application seeking permission to use documents furnished to the applicants in proceedings between the Director of Corporate Enforcement and the respondent for the purpose of pursuing a separate claim - redacted versions of all the affidavits had been disclosed to the applicants with the agreement of the Director and the respondent - whether the applicants could use the documents in their separate litigation - allegation of a breach of privacy, breach of data protection rights and breach of constitutional rights - the applicants demonstrated that there are special circumstances which would warrant allowing the documents be used - there was no improper litigation advantage to the applicants by allowing the documents to be used - refusing to allow the documents would put the applicants at a litigation disadvantage - order permitting the applicants to use the documents was made.
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