European Pacific Banking Corporation v Fourth Estate Publications Ltd - [1993] 1 NZLR 559

Injunction — Interim injunction — Wrongful use of confidential information — Application seeking prohibition against publication, copying or use of confidential information - "Iniquity rule" - Whether public interest in disclosure of iniquity overrode right to protect and keep secret confidential documents — Whether satisfactory to determine extent of publication at interlocutory stage of proceeding — Whether real need for present disclosure to public — Effect of documents already in the public domain — Effect of possible publication by absent party — Whether serious question to be argued — Whether balance of convenience and overall justice required the issue of an injunction.

Practice and procedure — Judgments and orders — Wrongful use of confidential information — Delivery up of documents to the Registrar of the Court — Disclosure of persons provided with records — Whether present need for issue of orders.

Practice and procedure — Judgments and orders — Interim injunction — Wrongful use of confidential information — Disclosure of source or sources of information — Balancing of competing claims — Whether Court sufficiently apprised of all relevant facts to enable it to make a final judgment — Whether compelling reason for disclosure to enable a proper determination of the trial issues — Whether present need for disclosure for other purposes.

Practice and procedure — Jurisdiction — Inherent jurisdiction — Order — Wrongful use of confidential information — Disclosure of source or sources of information — Whether Court may make an order that the defendants disclose the source or sources of the information.

Practice and procedure — Judgments and orders — Newspaper rule — Observations on the newspaper rule.