National Australia Bank Limited v Electra Electrical Products (Aust) Pty Limited [2007] NSWDC 3

New South Wales District Court

CITATION: National Australia Bank Limited v Electra Electrical Products (Aust) Pty Limited [2007] NSWDC 3

HEARING DATE(S): 22-23 January 2007 EX TEMPORE JUDGMENT DATE : 23 January 2007

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: Verdict and Judgment on the cross-claim for the cross-defendant.; Direct cross-defendant to serve its written submissions on costs on the cross-claimant and provide a copy of same to my Associate by 30/1/07.; I direct that any response be served by the cross-claimants' solicitors and provided to my Associate by 6/2/07.; Stood over for Directions before me on 8/2/07.; I direct the exhibits be retained in the Court Registry pending further order.

CATCHWORDS: Cross-claim against Bank for disclosing Confidential Information - Claim said to be based on Letter of Credit documentation - Absence of evidence connecting Bank with release of information - Evidence to the contrary - Third Party aware of Confidential Information through its own dealing with the Cross-Claimant - No evidence of damage suffered by Cross-Claimant - Break in chain of causation in any event - Cross-claim fails

CASES CITED: Jones v Dunkell

PARTIES: National Australia Bank Limited (Cross-Defendant) Electra Electrical Products (Aust) Pty Limited (Cross-Claimant)

FILE NUMBER(S): 3800/05

COUNSEL: J M White (Cross-Defendant) J Kells (Solicitor) (Cross-Claimant)

JUDGMENT

1 These proceedings were commenced by the National Australia Bank Limited (the "Bank") in 2005 against a number of defendants. The Bank's claim has already been determined, summary Judgment having been entered in its favour against the defendants. What is left for the Court to determine are the matters raised by the defendants, as cross-claimants, in their further amended first cross-claim headed "Statement of cross-claim number 3" which was filed on 19 October 2006. Their claim has been pleaded on a number of alternate bases but it is not necessary for me to summarise the content of this pleading because it speaks for itself.