Findex Group Ltd v iiNet Ltd

Findex Group Ltd sought an interim preservation and search orders against iiNet Ltd for the purpose of investigating potential misuse of confidential information. The application was heard in the Federal Court of Australia. The legal issues before the Court were whether leave could be granted to inspect documents seized pursuant to the search orders and whether the Court's discretion to grant such access was governed by the nature and purpose of the search orders. The central question was whether permitting access to the documents would transform the search order from a protective measure into an investigatory tool.

The Court considered the nature of the relief sought and the purpose of the search orders. It found that the Court's discretion to grant access to documents seized under a search order was indeed governed by the nature and purpose of the order. The Court emphasised that search orders are designed to protect the plaintiff's rights by preventing the destruction or disclosure of potentially relevant documents. Allowing inspection of these documents could undermine this protective function by enabling the plaintiff to conduct an investigation. The Court concluded that permitting access to the documents in this case would subvert the purpose of the search order and transform it into an investigatory tool, which was not the intended function of such orders.

Accordingly, the Court dismissed the application for leave to inspect the documents seized under the search orders. The Court's decision was based on its assessment that granting access would compromise the protective nature of the search orders and potentially facilitate an investigation, which was outside the scope of the relief sought. The Court's ruling reinforced the distinction between the protective function of search orders and the investigatory function of other forms of discovery.