Cyclopharm Ltd v Morcos [2021] NSWSC 1010

Supreme Court New South Wales

Medium Neutral Citation: Cyclopharm Ltd v Morcos [2021] NSWSC 1010 Hearing dates: 6 August 2021 Date of orders: 12 August 2021 Decision date: 12 August 2021 Jurisdiction: Equity Before: Robb J Decision: See par 41. The Court makes orders varying the undertaking in the terms set out in par 41. Catchwords: CIVIL PROCEDURE — Implied undertakings — Release from — Special circumstances — Where plaintiffs gave an express undertaking to the Court in respect of an application for search orders — Where the undertaking was similar to a Harman undertaking — Where the plaintiffs now seek partial release from or a variation of the undertaking in order to seek advice as to whether proceedings can be commenced against certain defendants in Germany — Where the active defendants have neither consented to nor opposed the making of the orders — Where the Court held that in the circumstances the needs of justice are served by varying the undertaking in the manner sought in the plaintiffs' notice of motion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bayside Council v Estate of Goodman [2019] NSWSC 530 Cobra Golf Inc v Rata [1998] Ch 109 Crest Homes Plc v Marks [1987] AC 829 Harman v Secretary of State for the Home Office [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 State Street Global Advisors Trust Company v Maurice Blackburn Pty Ltd [2019] FCA 1464 Wellness Pty Ltd v Hamilton-Bond [2002] NSWSC 1259 Category: Procedural rulings Parties: Cyclopharm Limited (first plaintiff) Cyclomedica Australia Pty Limited (second plaintiff) Nabil Morcos (first defendant) HZM Pty Limited (second defendant) Charles Francis Buttigieg (third defendant) Richard Frank Gotch (fourth defendant) Michael Jian Guo (fifth defendant) David Thomas Rundell (sixth defendant) Landauer Australasia Pty Limited (seventh defendant) Landauer Radiopharmaceuticals Pty Limited (eighth defendant) Björn Altmann (ninth defendant) Almedis Altmann GmbH (tenth defendant) Vent-Medis GmbH (eleventh defendant) Representation: Counsel: S Keizer and S Andrews (first and second plaintiffs)