Wilson Parking Australia 1992 Pty Ltd v Rush [2008] FCA 1601

FEDERAL COURT OF AUSTRALIA

Wilson Parking Australia 1992 Pty Ltd v Rush [2008] FCA 1601

WILSON PARKING AUSTRALIA 1992 PTY LTD (ACN 052 475 911) v SCOTT RUSH, LEIGH SHERRIFF and S & K CAR PARK MANAGEMENT PTY LTD (ACN 108 043 689)

VID 637 of 2008

JESSUP J

27 OCTOBER 2008

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 637 of 2008

BETWEEN: WILSON PARKING AUSTRALIA 1992 PTY LTD (ACN 052 475 911)

Applicant

AND: SCOTT RUSH

First Respondent

LEIGH SHERRIFF

Second Respondent

S & K CAR PARK MANAGEMENT PTY LTD (ACN 108 043 689)

Third Respondent

JUDGE: JESSUP J DATE OF ORDER: 27 OCTOBER 2008

WHERE MADE: MELBOURNE

Upon the applicant by its counsel undertaking: (a) to submit to such order (if any) as the court may consider to be just for the payment of compensation, to be assessed by the court or as it may direct, to any person, whether or not a party, adversely affected by the operation of Order 2 or Order 3 below, or either of them, and/or by the operation of the respondents' undertakings numbered 3, 7 and 11 below, or any of those undertakings, or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. and upon the first respondent by his counsel undertaking: 1. Subject to paragraph 2 of this undertaking – (a) to deliver up to the applicant all of the things in his possession, custody or control described in exhibits JL-1, JL-2, JL-3.2, JL-3.6, JL-3.7, JL-3.8, JL-3.9, JL-3.12, JL-3.13, JL-4.1 and JL-4.9 to the affidavit of Jon Larkin dated 13 October 2008 or copies thereof (Permanent Undertaking Documents); (b) to the extent that he has the power to do so, to allow the Independent Computer Expert to remove from the computers of the third respondent and not retain any of the Permanent Undertaking Documents; (c) not to use any information derived from the Permanent Undertaking Documents except – (i) for the purpose of this proceeding; and (ii) as required by law. 2. The first respondent, by his solicitors, may for the purpose of this proceeding retain copies of any of the Permanent Undertaking Documents until the period expiring 30 days after the determination of this proceeding, including any appeal or application for special leave to appeal in respect thereof, after which the first respondent undertakes to deal with such things in accordance with paragraphs 1(a) and (b) of this undertaking. AND UPON the first respondent by his counsel undertaking: 3. Subject to paragraph 4 of this undertaking, until the trial of this proceeding, or order of the court – (a) to deliver up to the applicant all of the things in his possession, custody or control described in exhibits JL-3.1, JL-3.3, JL-3.4, JL-3.5, JL-3.10, JL-3.11 and JL-4.2, JL-4.3, JL-4.4, JL-4.5, JL-4.6, JL-4.7 and JL-4.8 to the affidavit of Jon Larkin dated 13 October 2008 or copies thereof (Interlocutory Undertaking Documents); (b) to the extent that he has the power to do so, to allow the Independent Computer Expert to remove from the computers of the Third Respondent and not retain any of the Interlocutory Undertaking Documents; (c) not to use any information derived from the Interlocutory Undertaking Documents except – (i) for the purpose of this proceeding; and (ii) as required by law. 4. The first respondent, by his solicitors, may for the purpose of this proceeding retain copies of any of the Interlocutory Undertaking Documents. And upon the second respondent by his counsel undertaking: 5. Subject to paragraph 6 of this undertaking – (a) to deliver up to the applicant all of the things in his possession, custody or control described in exhibits JL-1, JL-2, JL-3.2, JL-3.6, JL-3.7, JL-3.8, JL-3.9, JL-3.12, JL-3.13, JL-4.1 and JL-4.9 to the affidavit of Jon Larkin dated 13 October 2008 or copies thereof (Permanent Undertaking Documents); (b) to the extent that he has the power to do so, to allow the Independent Computer Expert to remove from the computers of the Third Respondent and of the computers and any electronic storage devices of the second respondent and not retain any of the Permanent Undertaking Documents; (c) not to use any information derived from the Permanent Undertaking Documents except – (i) for the purpose of this proceeding; and (ii) as required by law. 6. The second respondent, by his solicitors, may for the purpose of this proceeding retain copies of any of the Permanent Undertaking Documents until the period expiring 30 days after the determination of this proceeding, including any appeal or application for special leave to appeal in respect thereof, after which the first respondent undertakes to deal with such things in accordance with paragraphs 5(a) and (b) of this undertaking. And upon the second respondent by his counsel undertaking: 7. Subject to paragraph 8 of this undertaking, until the trial of this proceeding, or order of the court – (a) to deliver up to the applicant all of the things in his possession, custody or control described in exhibits JL-3.1, JL-3.3, JL-3.4, JL-3.5, JL-3.10, JL-3.11 and JL-4.2, JL-4.3, JL-4.4, JL-4.5, JL-4.6, JL-4.7 and JL-4.8 to the affidavit of Jon Larkin dated 13 October 2008 or copies thereof (Interlocutory Undertaking Documents); (b) to the extent that he has the power to do so, to allow the Independent Computer Expert to remove from the computers of the third respondent and of the computers and any electronic storage devices of the second respondent and not retain any of the Interlocutory Undertaking Documents; (c) not to use any information derived from the Interlocutory Undertaking Documents except – (i) for the purpose of this proceeding; and (ii) as required by law. 8. The second respondent, by his solicitors, may for the purpose of this proceeding retain copies of any of the Interlocutory Undertaking Documents. And upon the third respondent by its counsel undertaking, by itself, its servants and agents: 9. Subject to paragraph 10 of this undertaking – (a) to deliver up to the applicant all of the things in its possession, custody or control described in exhibits JL-1, JL-2, JL-3.2, JL-3.6, JL-3.7, JL-3.8, JL-3.9, JL-3.12, JL-3.13, JL-4.1 and JL-4.9 to the affidavit of Jon Larkin dated 13 October 2008 or copies thereof (Permanent Undertaking Documents); (b) to allow the Independent Computer Expert to remove from its computers and not retain any of the Permanent Undertaking Documents; (c) not to use any information derived from the Permanent Undertaking Documents except – (i) for the purpose of this proceeding; and (ii) as required by law. 10. The third respondent, by its solicitors, may for the purpose of this proceeding retain copies of any of the Permanent Undertaking Documents until the period expiring 30 days after the determination of this proceeding, including any appeal or application for special leave to appeal in respect thereof, after which the third respondent undertakes to deal with such things in accordance with paragraphs 9(a) and (b) of this undertaking. AND UPON the third respondent by its counsel undertaking, by itself, its servants and agents, until the trial of this proceeding, or order of the court: 11. Subject to paragraph 12 of this undertaking: (a) to deliver up to the applicant all of the things in its possession, custody or control described in exhibits JL-3.1, JL-3.3, JL-3.4, JL-3.5, JL-3.10, JL-3.11 and JL-4.2, JL-4.3, JL-4.4, JL-4.5, JL-4.6, JL-4.7 and JL-4.8 to the affidavit of Jon Larkin dated 13 October 2008 or copies thereof (Interlocutory Undertaking Documents); (b) to allow the Independent Computer Expert to remove from its computers and not retain any of the Interlocutory Undertaking Documents; (c) not to use any information derived from the Interlocutory Undertaking Documents except – (i) for the purpose of this proceeding; and (ii) as required by law. 12. The third respondent, by its solicitors, may for the purpose of this proceeding retain copies of any of the Interlocutory Undertaking Documents.