Vickers v Commonwealth of Australia (No 2) [2021] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: Vickers v Commonwealth of Australia (No 2) [2021] NSWSC 227 Hearing dates: 4 March 2021 Decision date: 04 March 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The undertaking given by the plaintiff to the Court (to use the documents, produced by the defendant pursuant to order 3 of the orders made on 18 February 2020 in these proceedings, only for the purpose of these proceedings) be amended, such that the plaintiff can use the said documents in proceedings 2014/217287. 2. The undertaking given by the plaintiff to the Court (to use the documents referred to in [14] of Mr Silva's affidavit affirmed 4 March 2021 as the N-4 documents, only for the purpose of these proceedings) be amended such that the plaintiff can use those N-4 documents in proceedings 2014/217287. 3. The costs of the motion be the plaintiff's costs in the cause. Catchwords: CIVIL PROCEDURE — Implied undertakings — Release from Cases Cited: Harman v Secretary of State for the Home Department [1983] 1 AC 280 Liberty Funding Pty Ltd v Phoenix Capital Ltd (2005) 218 ALR 283; [2005] FCAFC 3 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Vickers v Commonwealth of Australia [2020] 1762 Category: Procedural rulings Parties: Peter Vickers (Plaintiff) Commonwealth of Australia (Defendant) Representation: Counsel: MK Condon SC (Plaintiff) A Ng (Defendant)

Solicitors: William Roberts Lawyers (Plaintiff) Australian Government Solicitor (Defendant) File Number(s): 2019/00173629 Publication restriction: Nil