James Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 6) [2020] NSWSC 1046

Supreme Court New South Wales

Medium Neutral Citation: James Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 6) [2020] NSWSC 1046 Hearing dates: On the papers Date of orders: 7 August 2020 Decision date: 10 August 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: First and second defendants released from express and Harman undertaking Catchwords: CIVIL PROCEDURE – Harman undertaking – express undertaking concerning use of documents – where applicants propose to commence proceedings – where applicants in possession of documents for purpose of these proceedings that they wish to use in contemplated proceedings – whether special circumstances shown Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 3) [2019] NSWSC 1759 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Haswell v Commonwealth of Australia [2020] FCA 915 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3 Category: Procedural and other rulings Parties: James Angelis as trustee for the Angelis Family Trust (First Plaintiff/Respondent) Pemba Capital Partners Fund I Partnership, LP (First Defendant/Applicant) Pemba Capital Partners Pty Ltd as trustee for the Castlereagh St (Swan) Co-Investment Trust (Second Defendant/Applicant) Representation: Counsel: P Flynn SC and E Bathurst (First and Second Defendants/Applicants)