Norman v Wall (No. 4) [2020] NSWSC 999

Supreme Court New South Wales

Medium Neutral Citation: Norman v Wall (No. 4) [2020] NSWSC 999 Hearing dates: 27 July 2020 Date of orders: 27 July 2020 Decision date: 27 July 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) With respect to the email from Wrothwell Wall to Zoe Cunich dated 4 November 2019, inadvertently disclosed at annexure "D" of the Affidavit of Zoe Anne Cunich dated 7 February 2020 the first plaintiff and second plaintiff must: (a) deliver up all hard copies of the email in their possession, custody or power to the solicitors for the defendant; (b) delete all electronic copies of the email; and (c) provide written confirmation of compliance with this order to the solicitors for the defendant; Within 7 days (2) The first plaintiff is to pay the defendant's costs of the notice of motion filed 4 March 2020. Catchwords: CIVIL PROCEDURE — accidental disclosure of confidential information by email communication — disclosure by the annexure of material to the affidavit of solicitor — plaintiff asserts that the confidential material has been distributed to interested parties — Harman undertaking — plaintiffs provided undertaking not to disclose the material further — injunction previously granted — delivery up of hard copies of the email communication Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Category: Procedural and other rulings Parties: Gillian Linda Norman (First Plaintiff) Ron Berry (Second Plaintiff) Wrothwell Wall (Defendant) Representation: Counsel: J Raftery (Defendant)