What was the legal dispute

1
What was the legal dispute?

• Did the recipients of the subpoenas have to
  produce the documents or were they protected from
  production?

2
Why four judgments?

• Each wants to give reasons
• Resolving the dispute and stating reasons to be
  applied in future cases
• One dissentient
• Dissents in the result, but only on one ground
• Appeal allowed

3
Main legal issues for decision?

• Direct application of Evidence Act 1995 (NSW)
• Does adducing evidence include the production
  of documents on subpoena?
• Derivative application
• If no to 1, should the common law be modified to
  produce a similar result?
• Public interest immunity
• If no to 1 and 2, should the common law restrain
  production?

4
What is the ratio?

• Act cannot be read to achieve desired result
  without supplying missing words court refuses to
  do that
• No derivative application in this context
• No public interest immunity because common law
  should not move when Parliament has been moving
  lately