NSW Caselaw
New South Wales Supreme Court
CITATION : Canterbury-Hurlstone Park RSL Club Ltd v Roberts [2008] NSWSC 845
HEARING DATE(S) : 13 August 2008
JUDGMENT DATE : 13 August 2008
JURISDICTION : Equity Division
JUDGMENT OF : Palmer J
EX TEMPORE JUDGMENT DATE : 13 August 2008
DECISION : Undertakings accepted in lieu of injunctions; defendant to pay plaintiff's costs.
CATCHWORDS : CONFIDENTIAL INFORMATION – DIRECTORS' DUTY – INJUNCTION – COSTS – Whether former director had disclosed confidential information about Board room deliberations – whether director refused to give undertakings not to disclose further – whether proceedings for injunction justified.
LEGISLATION CITED : Corporations Act 2001 (Cth) – s 183
CATEGORY : Principal judgment
CASES CITED : - Bennetts v Board of Fire Commissioners of New South Wales (1967) 87 WN (Pt 1) (NSW) 307 - Hospital Products Limited v United States Surgical Corporation (1984) 55 ALR 417
PARTIES : Canterbury-Hurlstone Park RSL Club Ltd (Plaintiff) Kenneth Roberts (Defendant)
FILE NUMBER(S) : SC 3478/08
COUNSEL : Ms E. Raper (Plaintiff) F.G. Lever SC, G.A.F. Connolly (Defendant)
SOLICITORS : Thomson Playford (Plaintiff) Goldsmiths (Defendant)
3478/08 Canterbury-Hurlstone Park RSL Club Ltd v Roberts
JUDGMENT – Ex tempore 13 August, 2008 Introduction
1 This unfortunate dispute should not have been litigated at all. It arises from ill feeling between certain directors of a social club. Worse, a compromise which accommodated the interests of both sides was openly put in Court when the matter was called on this morning, but foundered only because the Defendant would not agree that each party should bear its own costs. The issue for trial has thus become, fundamental, whether the Plaintiff was justified in commencing proceedings the result of which was now no longer in dispute.
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