Showcase Realty Pty Ltd v Nathan Circosta [2021] NSWSC 355

Supreme Court New South Wales

Medium Neutral Citation: Showcase Realty Pty Ltd v Nathan Circosta [2021] NSWSC 355 Hearing dates: 4 November 2020 Date of orders: 9 April 2021 Decision date: 09 April 2021 Jurisdiction: Equity Before: Rees J Decision: Set aside Anton Piller order ab initio, with costs Catchwords: ANTON PILLER – real estate agent obtains ex parte search order against former employee and new employer – alleged misuse of confidential information – relied on letters handed over by employee 2 years earlier, on joining new employer, terminating property management of 9 properties – letters provided by employee's friends and family – not disclosed that the clients were the employee's friends and family, and thus unlikely to have been approached using confidential information – principles at [4]-[9] – non-disclosure of material fact – does not matter whether search order may have been made anyway. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2)(b) Cases Cited: Brags Electrics Ltd v Gregory [2010] NSWSC 1205 Brink's Mat Ltd v Elcombe [1988] 1 WLR 1350 at 1356 Palaris Mining Pty Ltd v Short [2012] QSC 224 Principal Financial Group Pty Ltd v Vella [2011] NSWSC 327 Savcor Pty Ltd v Cathodic Protection International APS (2005) 12 VR 639; [2005] VSCA 213 Singtel Optus Pty Ltd v Almad Pty Ltd [2011] NSWSC 492 Walter Rau Neusser Oel Und Fett AG v Cross Pacific Trading Ltd [2005] FCA 955 Category: Principal judgment Parties: Showcase Realty Pty Ltd (Plaintiff) Nathan Circosta (First Defendant) Oproperty Pty Ltd (Second Defendant) Representation: Counsel: Mr D O'Sullivan (Plaintiff) Mr R Jedrzejczyk (Defendants)