Adamson v Ede; ACN 097 590 817 Pty Ltd v Ede [2006] NSWSC 1342

New South Wales Supreme Court

CITATION : Adamson v Ede; ACN 097 590 817 Pty Ltd v Ede [2006] NSWSC 1342

HEARING DATE(S) : 30 November 2006

JUDGMENT DATE : 30 November 2006

JURISDICTION : Equity Division

JUDGMENT OF : Palmer J

EX TEMPORE JUDGMENT DATE : 11/30/2006

DECISION : Motion dismissed.

CATCHWORDS : PROCEDURE – EVIDENCE – Evidence in one proceeding tendered in second proceeding – whether leave to use evidence to be given by Court hearing second proceeding or by Court in which evidence first taken.

LEGISLATION CITED : Uniform Civil Procedure Rules 2005 (NSW) – 31.9

CASES CITED : Harman v Home Department State Secretary [1982] 1 All ER 532

3712/06: Christopher Michael Adamson – Plaintiff Kenneth John Ede – Defendant PARTIES : 6285/03: ACN 097 590 817 Pty Ltd as Trustee of the ACN Trust – Plaintiff/First Cross Defendant Kenneth John Ede – Defendant/Cross Claimant Christopher Michael Adamson – Second Cross Defendant

FILE NUMBER(S) : SC 6285/03; 3712/06

COUNSEL : In person – Plaintiffs N. Carney – Defendant

SOLICITORS : In person – Plaintiffs Mark M. Morris – Defendant

6285/03 ACN 097 590 817 Pty Ltd v Ede 3712/06 Adamson v Ede

JUDGMENT – Ex tempore 30 November, 2006

1 I will deal first with the application for the relief sought in paragraph 6 of the Notice of Motion filed by Mr Adamson on 28 September 2006. Paragraph 6 of the Motion seeks: "That, except with the consent of the plaintiff or second cross defendant or the leave of the court, pending the hearing of these proceedings or further order, the defendant and cross claimant and his legal representatives be restrained from making any use of the pleadings and evidence and documents discovered and transcripts of these of these proceedings or of any information gained from such documents or as a result of discovery by the plaintiff, in any other proceedings." 2 I gather from the submissions of Mr Adamson and from the affidavit material which has been filed in this application, that Mr Adamson's principal concern is that affidavits and pleadings in proceedings in this Court will be adduced in evidence in proceedings between the parties, that is, Mr Adamson and Mr Ede, in the Local Court which are set down for hearing on 14 and 15 February 2007. 3 In his written submissions, Mr Adamson identifies the principal documents which he seeks to prevent being tendered in evidence in the Local Court proceedings. These are affidavits filed in these proceedings, one of Mr Christopher Michael Anderson and one of Mr Ede and the pleadings. 4 Mr Adamson relies on a number of grounds, so I gather, the first of which is 31.9 Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"). That rule provides as follows: " Earlier evidence in other proceedings