Findex Group Ltd v McKay

Findex Group Ltd and others (the applicants) sought leave to appeal from interlocutory orders made by Ward CJ in Eq. The dispute concerned access to material seized under a search order, where proceedings had not yet been initiated. The applicants sought unrestricted access to the seized material, while the respondent, David Keith McKay, resisted this. The application for leave to appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether leave to appeal should be granted from the Chief Judge's interlocutory orders, and whether the proposed appeal was more than merely arguable, given the general principle of maintaining a tight rein on procedural appeals. A further issue was whether the applicants' proposed access to the seized material was for the purpose of discovery, in circumstances where no substantive proceedings had been commenced.

The Court of Appeal refused leave to appeal. The judges applied the principle that appeals from interlocutory orders should be approached with caution and that leave should only be granted if the appeal has a real prospect of success, or if there is some other compelling reason for an appeal to be heard. The Court considered that the proposed appeal was not more than merely arguable and that the Chief Judge's orders were appropriate in the circumstances.

Consequently, the Court ordered that leave to appeal be refused from the orders made by Ward CJ in Eq on 19 October 2018. The applicants were also ordered to pay the costs of the respondent, David Keith McKay, in the Court of Appeal.