Vickers v Commonwealth of Australia [2020] NSWSC 1762

Supreme Court New South Wales

Medium Neutral Citation: Vickers v Commonwealth of Australia [2020] NSWSC 1762 Hearing dates: 7 December 2020 Decision date: 08 December 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The plaintiff's motion is adjourned to the applications list on Tuesday 2 February 2021 in respect to the documents produced by the defendant pursuant to order 3 made on 18 February 2020. 2. In respect to the documents produced by the defendant pursuant to the notice to produce dated 2 October 2020, as identified in Schedule 1 to the notice of motion, the undertaking given by the plaintiff to the Court to use them only for the purposes of these proceedings be amended with effect from Friday, 4 December 2020, such that the plaintiff be permitted to use the said documents in proceedings 2014/217287. 3. The costs of this motion be the plaintiff's costs in the cause. Catchwords: CIVIL PROCEDURE – implied undertaking – application for leave to use in other proceedings documents obtained under compulsion in present proceedings –release from undertaking for purpose of foreshadowed preservation application. Legislation Cited: Health Insurance Act 1973, s 130 Cases Cited: Alterskye v Scott [1948] 1 All ER 469 Australian Securities and Investments Commission (ASIC) v Marshall Bell Hawkins Ltd [2003] FCA 833 Findex Group Ltd v iiNet Ltd [2019] NSWSC 1198 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; (2005) 218 ALR 283 Metso Minerals (Australia) Ltd v Kalra (No 3) [2008] FCA 1201 Prudential Assurance Co Ltd v Fountain Page Ltd [1991] 1 WLR 756; [1991] 3 All ER 878 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Sybron Corporation v Barclays Bank Plc [1985] Ch 299; [1984] 3 WLR 1055 Category: Procedural and other rulings Parties: Peter Vickers (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: MK Condon SC (Plaintiff) A Ng (Defendant)