NSW Caselaw
New South Wales Supreme Court
CITATION : Prentice & Barila v Treetop Projects Ltd (No 2) [2006] NSWSC 1053
HEARING DATE(S) : 04/10/06 JUDGMENT OF : Gzell J
EX TEMPORE JUDGMENT DATE : 10/04/2006
DECISION : Applicants and plaintiff in District Court proceedings released from implied undertaking and granted relief to search Supreme Court file under supervision of Associate for any other documents for which a release might be sought.
CATCHWORDS : PROCEDURE - Discovery and Interrogatories - Implied undertaking not to use documents or contents for any collateral or ulterior purpose - Defendants in District Court proceedings seek release to use affidavits in those proceedings - Affidavits not read in open court - Commonality of issues between proceedings - Parties to Supreme Court proceedings in liquidation or deregistered - One deponent the former liquidator, the other a director who did not oppose the application
CASES CITED : Moage Ltd v Jagelman and Others [2002] 43 ACSR 173 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217
Maxwell William Prentice & Vincent Christopher Barila (in their capacity as liquidators of Tumut River Orchard Management Ltd) (in liq) - 1st Plaintiff Tumut River Orchard Management Ltd (in liq) - 2nd Plaintiff PARTIES : Treetop Projects Ltd (under external administration) - Defendant Chandelle Nominees Pty Ltd - Applicant HP Mercantile Pty Ltd - Respondent
FILE NUMBER(S) : SC 4133/99
COUNSEL : Mr M Einfeld QC with Mr J Stephenson - Applicant
SOLICITORS : G J Gooden Solicitor - Applicant Mr Peter Ton, Verace Mckenzie Lawyers Pty Ltd - Respondent
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