Sundarjee Bros (Aust) Pty Ltd v Sundarjee [2022] NSWSC 1722

Supreme Court New South Wales

Medium Neutral Citation: Sundarjee Bros (Aust) Pty Ltd v Sundarjee [2022] NSWSC 1722 Hearing dates: 6 and 14 December 2022 Decision date: 14 December 2022 Jurisdiction: Equity - Commercial List Before: Ball J Decision: Orders made as sought by the plaintiff on 6 and 14 December 2022 Catchwords: CIVIL PROCEDURE — Interlocutory applications — Ex parte — Application to release plaintiff's lawyers from confidentiality undertakings — Application for search order for documents sought to be relied upon to determine whether to join an additional party to the proceedings CIVIL PROCEDURE — Interlocutory applications — Ex parte — Application to amend claim to join individual the subject of earlier search orders as a defendant — Application for search orders against prospective defendant — Strong prima facie case against prospective defendant to satisfy threshold requirement for granting of a search order Cases Cited: Metso Minerals (Australia) Ltd v Kalra (No 3) [2008] FCA 1201 Rauland Australia Pty Ltd v Johnson (No 2) [2019] FCA 1175 Skytraders Pty Ltd v Meyer [2021] NSWSC 1670 Category: Consequential orders Parties: Sundarjee Bros (Aust) Pty Ltd (Plaintiff | Applicant) Sanjay Sundarjee (First Defendant) Shoashen (Cynthia) Yu (Second Defendant) Damican Pty Ltd (Third Defendant) Hasmukh Sundarjee (Fourth Defendant) Representation: Counsel: S Lawrance SC with A Smith (Plaintiff | Applicant)

Solicitors: Mills Oakley (Plaintiff | Applicant) File Number(s): 2022/246803 Publication restriction: Not to be published until after 4pm 15 December 2022