Discovery: your worst nightmare – High Court to consider

Further to our article in Weekly Brief on 15 May 2013, special leave has been granted by their Honours Chief Justice French and Justice Kiefel in the matter of Expense Reduction Analysts Group Pty Ltd & Ors v Armstrong Strategic Management and Marketing Pty Limited & Ors, which concerns the accidental production of privileged documents.

The transcript of the special leave application which was heard on 7 June 2013 indicates that the High Court will be asked to consider whether the law of confidential information properly holds the answer (as was held by the Court of Appeal), and if it doesn't whether equity can intervene to prevent the use of confidential information innocently received.