James v Salier [2021] NSWSC 293

Supreme Court New South Wales

Medium Neutral Citation: James v Salier [2021] NSWSC 293 Hearing dates: On the papers Decision date: 26 March 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order that, in respect of the documents identified in prayer 1 of the summons filed on 15 February 2021, the plaintiff be released from the implied undertaking that those documents only be used for the purposes for which they were disclosed, such that the plaintiff is permitted to use the said documents for the purposes set out at [36] of the affidavit sworn 15 February 2021 by the plaintiff. 2. There be no order as to costs. Catchwords: CIVIL PROCEDURE — Implied undertakings — Release from Harman undertaking re use of documents obtained under subpoena in two previous proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 21.7 Cases Cited: Australian Securities and Investments Commission v Marshall Bell Hawkins Ltd [2003] FCA 833 British American Tobacco Australia Services Ltd v Cowell (representing the Estate of McCabe (deceased)) (No 2) (2003) 8 VR 571 Findex Group Ltd v iiNet Ltd [2019] NSWSC 1198 Gavan v FSS Trustee Corporation [2019] NSWSC 667 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 Minister for Education v Bailey (2000) 23 WAR 149 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Vickers v Commonwealth of Australia [2020] NSWSC 1762 Category: Procedural rulings Parties: Steven Robert James (Plaintiff) Gordon A Salier (First Defendant) Shabnam Amirbeaggi (Second Defendant) Representation: Counsel: J Mitchell (Plaintiff) AL Hill (Defendant)