Richards v Kadian

The case of *Richards v Kadian* concerned a dispute between the parties regarding the confidentiality of certain information. The appeal was heard by Beazley and Hodgson JJA, and Stein AJA.

The central legal issues before the court were whether a party to proceedings was entitled to insist upon a right to confidentiality with a third party, and whether maintaining such a right was inimical to the public interest and the administration of justice. The court also considered principles of waiver of confidentiality, specifically whether a party had adopted two inconsistent positions regarding a claim. Furthermore, the court examined its inherent power to grant a stay of proceedings under s 23 of the *Supreme Court Act* to prevent injustice, and the discretion involved in exercising this power, including whether a refusal to grant a stay would result in an unfair trial or deprive a party of an opportunity to defend the matter.

The court determined that leave to appeal should be granted. The appeal itself was subsequently dismissed.