The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 3) [2020] NSWSC 1364

Supreme Court New South Wales

Medium Neutral Citation: The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd (No 3) [2020] NSWSC 1364 Hearing dates: On the papers Date of orders: 7 October 2020 Decision date: 07 October 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiffs are released from the implied undertaking not to use the document attached as Annexure 1, Schedule B to the notice of motion and are permitted to use that document for the purpose of the defamation proceedings Catchwords: CIVIL PROCEDURE – Harman undertaking – implied undertaking concerning use of documents – where applicants propose to commence proceedings in the Defamation List – applicants seek to rely in those proceedings on document produced on subpoena by a third party in these proceedings – where that document had been adduced in evidence in these proceedings – whether Harman undertaking extends to that document – whether special circumstances exist justifying use in the proposed proceedings Cases Cited: Crest Homes PLC v Marks [1987] 1 AC 829 Forty Two International Pty v Barnes [2010] FCA 397 Hearne v Street (2008) 235 CLR 125 Home Office v Harman [1983] 1 AC 280 Liberty Funding Pty Ltd v Phoenix Capital Limited [2005] FCAFC 3 Mann v Medical Defence Union [1997] FCA 45 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217; [1992] FCA 720 The Checkout Pty Ltd v Cordell Jigsaw Productions Pty Ltd [2020] NSWSC 1238 Category: Procedural rulings Parties: The Checkout Pty Ltd (First Plaintiff) Giant Dwarf Pty Ltd (Second Plaintiff) Julian Francis Xavier Morrow (Third Plaintiff) Cordell Jigsaw Productions Pty Ltd (First Defendant) Nicholas Harvey Murray (Second Defendant) Representation: Counsel: C O'Neill (Plaintiffs) K Daley (Solicitor) (Australian Broadcasting Corporation)