Richard Malanjum JCA:

Introduction

[1] There were two appeals before us involving the same parties.

[2] Both appeals were heard simultaneously at the request of the appellant and consented to by the respondent.

[3] The first appeal was against the decision of the learned High Court Judge in allowing the application by the respondent (encl 10) to retain the documents obtained pursuant to the Order of 9 March 1999 while the second appeal was against the decision of the same learned High Court Judge in dismissing with costs the application by the appellant (encl 7) to set aside the Order dated 9 March 1999 ('the said Order') made on ex parte application by the respondent.

[4] After hearing submissions of learned counsel for the parties we deferred our decisions. And on 12 February 2004 by way of oral judgment we allowed both the appeals. The respondent has applied for leave to appeal to the Federal Court. We therefore now state the reasons for our decisions.

Brief Background

[5] On 12 February 1999 the respondent filed a suit against the appellant and one other which was not involved in these appeals, alleging negligence on the part of the appellant while acting as the auditor for th