NSW Caselaw
New South Wales Supreme Court
CITATION : Prime Finance Pty Limited and Ors v Randall and Ors [2009] NSWSC 361
HEARING DATE(S) : 27 April 2009
JUDGMENT DATE : 1 May 2009
JUDGMENT OF : Johnson J at 1
1. The Plaintiffs are granted leave to provide the affidavits, annexures and exhibits referred to in paragraph [4] of this judgment to an officer or officers of the New South Wales Police Force for the purpose of reporting the possible criminality of the First, Second and Third Defendants and other persons mentioned in the said affidavits and accompanying documents. DECISION : 2. No order as to costs. 3. The execution of Order 1 above is stayed until 5.00 pm on Friday, 22 May 2009.
CATCHWORDS : PROCEDURE - affidavits filed and served in proceedings - affidavits not read in open court - application for leave to furnish affidavits to police for investigation of crime - release from implied undertaking - public interest considerations - balancing exercise - special circumstances test - application granted
Contracts Review Act 1980 Consumer Credit (New South Wales) Code 1995 LEGISLATION CITED : Civil Procedure Act 2005 Evidence Act 1995 Crimes Act 1900
CATEGORY : Procedural and other rulings
Hearne v Street [2008] 235 CLR 125 Springfield Nominees Pty Limited v Bridge Lands Securities Limited (1992) 38 FCR 217 Wellness Pty Limited v Hamilton-Bond [2002] NSWSC 1259 Premier Travel Pty Limited v Satellite Centres of Australia Pty Limited [2004] NSWSC 864 Ainsworth v Hanrahan (1991) NSWLR 155 Ross v Internet Wines Pty Limited (2004) 60 NSWLR 436 Medway v Doublelock Limited [1978] 1 All ER 1261 CASES CITED : Re Addstone Pty Limited (In Liq); Ex parte Macks (1998) 30 ACSR 156 Rowe v Silverstein [2009] VSC 157 Uniflex (Australia) Pty Limited v Hanneybel [2001] WASC 138 Moage Ltd v Jagelman (2002) 43 ACSR 173 Rank Film Distributors Limited v Video Information Centre [1982] AC 380 Bailey v Australian Broadcasting Corporation [1995] 1 Qd R 476 North East Equity Pty Limited v Golden West Equities Pty Limited [2008] WASC 190 Holpitt Pty Limited v Varimu Pty Limited (1991) 29 FCR 576 Liberty Funding Pty Limited v Phoenix Capital Limited (2005) 218 ALR 283
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