Royal Australasian College of Physicians Ltd v Yadam & Ors [2006] NSWSC 1463

New South Wales Supreme Court

CITATION : Royal Australasian College of Physicians Ltd v Yadam & Ors [2006] NSWSC 1463

HEARING DATE(S) : 23 October 2006 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 10/23/2006

DECISION : Asset preservation order continued; disclosure order made

CATCHWORDS : INJUNCTIONS - Asset preservation orders - whether to be made in respect of foreign assets - whether disclosure order should be refused on ground that it compels defendant to give evidence - whether disclosure order should be refused on grounds that it requires respondent to incriminate self

CASES CITED : Patterson v BTR Engineering (1989) 18 NSWLR 319 Vasil v National Australia Bank (1999) 46 NSWLR 207

Royal Australasian College of Physicians Ltd (plaintiff) Mohit Kumar Yadam (first defendant) Sushma Potu (second defendant) PARTIES : Firm Solutions Pty Ltd (third defendant) National Australia Bank Ltd (fourth defendant) Westpac Banking Corp (fifth defendant) Victorian Teachers Credit Union (sixth defendant)

FILE NUMBER(S) : SC 5151/06

COUNSEL : P Newton (plaintiff) M Lawson (first defendant)

SOLICITORS : Kemp Strang (plaintiff) Conaghan Hunter Solicitors (first defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST

BRERETON J

Monday 23 October 2006

5151/06 Royal Australasian College of Physicians Limited v Mohit Kumar Yadam & 5 Ors JUDGMENT (ex tempore) 1 HIS HONOUR: The plaintiff Royal Australasian College of Physicians Ltd employed the first defendant Mohit Kumar Yadam, initially from 8 November 2002 as a Project Officer in its Faculty of Public Health in connection with a project called the General Practitioners Public Health Medicine Registrars Program, and subsequently from 18 December 2003 as Senior Executive Officer of the Faculty, for an interim period of six months ending 30 June 2004, when his appointment as Senior Executive Officer of the Faculty was made permanent. The third defendant, now known as Firm Solutions Pty Limited, but previously called InfoAge Consulting Pty Limited, is a Victorian company of which Mario Lyndon Alfonso is a director and shareholder.