Baker & anor v Paul & anor [2011] NSWSC 957

Supreme Court New South Wales

Medium Neutral Citation: Baker & anor v Paul & anor [2011] NSWSC 957 Hearing dates: 17/06/2011 Decision date: 17 June 2011 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Grant leave to plaintiffs/cross-defendants to use affidavit of director of defendant company in security for costs proceeding. Catchwords: PRACTICE AND PROCEDURE - Plaintiff seeks to use affidavit evidence filed by defendant pursuant to asset preservation order in security of costs application - whether leave required to use evidence for purpose other than for what it was given - use to be made of evidence in same proceeding relevant factor - nature of asset preservation order and connection with security for costs order also relevant factor - leave granted. Legislation Cited: (UK) Matrimonial Causes Act 1973 (NSW) Uniform Civil Procedure Rules 2005, r 42.21 Cases Cited: Bhattcharya v Freedman [2001] NSWSC 498 Hearne v Street (2008) 235 CLR 125 Medway v Doublelock Ltd [1978] 1 WLR 710 Rajski v Computer Manufacture and Design Pty Ltd (1982) 2 NSWLR 443 Category: Procedural and other rulings Parties: Kenneth James Baker (first plaintiff) KJB Media Pty Ltd (second plaintiff) Anthony Christopher Paul (first defendant) ACN 129 258 546 Pty Ltd (second defendant) Representation: Counsel: Mr M W Sneddon (plaintiffs) Solicitors: McLaughlin & Riordan (plaintiffs) File Number(s): 2010/285602