Wellness Pty Ltd v Hamilton-Bond & Ors [2002] NSWSC 1259

New South Wales Supreme Court

CITATION : Wellness Pty Ltd v Hamilton-Bond & Ors [2002] NSWSC 1259 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4569/02 HEARING DATE(S) : 18 December 2002 JUDGMENT DATE : 18 December 2002

Wellness Pty Limited (Plaintiff) PARTIES : Ian Hamilton-Bond (First Defendant) Cassandra Bond (Second Defendant) Ion Life Pty Limited (Third Defendant) JUDGMENT OF : Campbell J

COUNSEL : D Perrignon (Plaintiff) In Person (First Defendant - and on behalf of Second and Third Defendants) SOLICITORS : Makinson & d'Apice (Plaintiff) Hertzberg Heydon (Defendants) CATCHWORDS : PROCEDURE - MISCELLANEOUS PROCEDURAL MATTERS - application for variation of implied undertaking concerning use to which subpoenaed documents can be put - use for defending applicant against charge brought against it by ACCC - use for making complaint to ACCC - use for publication to the public generally LEGISLATION CITED : Trade Practices Act 1974 (Cth) Ampolex Limited v Perpetual Trustee Company (Canberra) Limited (1985) 18 ACSR 218 Capital Television Group Limited v Northern Rivers Television Pty Limited (Bainton J, 4 September 1995, unreported) CASES CITED : Crest Homes PLC v Marks [1987] 1 AC 829 Holpitt v Varimu Pty Limited [1991] 103 ALR 685 Sweetman v Australian Thoroughbred Pre-finance Pty Limited (Lockhart J, unreported, 23 July 1992) Woolworths Limited v Lawson [2002] NSWSC 985 DECISION : Use for defence against allegation made by ACCC permitted; use for making of complaint to ACCC, and publication to public at large, refused