Ross v Internet Wines Pty Ltd

The appeal concerned orders for disclosure of assets and funds removed from a bank account, sought by the respondent, Internet Wines Pty Ltd, against the appellant, Ross. The primary question before the Court of Appeal of New South Wales was whether the proceedings provided a sufficient basis or evidence to warrant the making of such disclosure orders.

The court was required to determine whether the procedure adopted for seeking disclosure, which involved an affidavit delivered to the judge with a notice of motion claiming privilege against self-incrimination, infringed upon the appellant's privilege against self-incrimination. The court also considered whether the basis for the disclosure orders was sufficiently established in the proceedings.

The court followed the procedure described in *Bax Global (Australia) Pty Ltd v Evans* (1999) 47 NSWLR 538, but ultimately disapproved of the procedure as it applied in this instance, finding that it infringed the privilege against self-incrimination. The court held that the basis for the disclosure orders was not sufficiently established.

Consequently, the appeal was allowed in part, and orders 3, 4, and 5 made on 20 August 2003 were set aside. There were no orders as to the costs of the appeal.