Court of Appeal dismisses both appeal and cross-appeal in respect of a High Court order for discovery, with the exception of recasting one category, and affirms that the Court of Appeal will only displace the order of the High Court in a discovery matter where an appellant establishes that a real injustice will be done unless the High Court order is set aside; it is not sufficient for an appellant simply to establish that there was a better or more suitable order that might have been made by the trial judge.
Haughton J (nem diss): Appeal from discovery order of the High Court - limited discovery was ordered of two categories only - appeal by applicant in underlying judicial review proceedings seeking to restrain the respondents from further prosecuting the applicant for a number of tax offences - dispute is in essence whether or not there was an agreement not to prosecute if settlement entered and whether or not express or implied representations were made so as to give rise to a legitimate expectation - appellant seeking all five categories originally sought in High Court - respondents cross-appealing seeking to have all discovery refused - test for discovery - whether or not there was a basis to interfere with the discovery order of the High Court.