NSW Caselaw
New South Wales Supreme Court
CITATION : Volpes v Permanent Custodians Limited [2005] NSWSC 111
HEARING DATE(S) : 17 February 2005
JUDGMENT DATE : 25 February 2005
JURISDICTION : Equity Division
JUDGMENT OF : Windeyer J at 1
DECISION : Interlocutory injunction ordered
CATCHWORDS : EQUITY - injunctions - whether offers of settlement headed "without prejudice" and "confidential - not to be disclosed to third parties" contained confidential information - threat to disclose to outside funder maintaining proceedings - motion to restrain disclosure the subject of judgment - substantive motion for stay based on abuse of process
Consumer Credit Code (NSW) s72 LEGISLATION CITED : Contracts Review Act 1980
Coco v A N Clark (Engineers) Limited [1969] RPC 41 at 47 Langley v The Age Ltd [2000] VSC 378 CASES CITED : Rush & Tompkins Ltd v Greater London Council [1989] 1 AC 1280 Foulson & Phipps: Confidentiality, London Sweet & Maxwell 1966 Gurry: Breach of Confidence, Oxford University Press 1986
Gioacchino Volpes and Stacy Ann Volpes (Plaintiffs/Respondents) PARTIES : Permanent Custodians Limited (Defendant/Applicant)
FILE NUMBER(S) : SC 1584/04
Mr D Grieve QC with him Mr A A Henskens (Plaintiffs/Respondents) COUNSEL : Mr T D Castle with him Mr A J Abadee (Defendant/Applicant)
Middletons (Plaintiffs/Respondents) SOLICITORS : Gadens (Defendant/Applicant)
LOWER COURT JURISDICTION :
- 6 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
WINDEYER J
FRIDAY 25 FEBRUARY 2005
1584/04 GIOACCHINO VOLPES & ANOR V PERMANENT CUSTODIANS LIMITED JUDGMENT 1 By notice of motion filed on 15 February 2005, the defendant, Permanent Custodians Limited (Permanent) seeks an interlocutory order restraining the plaintiffs from providing copies of or otherwise disclosing to Liberty Financial Pty Limited (Liberty) or any associate of that company the terms of certain correspondence between the solicitors for the plaintiffs in this action, Gioacchino Volpes and Stacy Ann Volpes (Volpes) and the solicitors for Permanent. The simple facts relevant to this matter are these: 2 As between plaintiffs and defendant:
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