Jones v Purnell Motors Pty Ltd [2012] NSWDC 235

District Court New South Wales

Medium Neutral Citation: Jones v Purnell Motors Pty Ltd [2012] NSWDC 235 Hearing dates: 10 December 2012 Decision date: 10 December 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note - Suzanne Lea Hombsch and Richard Jones called three times outside Court 13D at 10:08am, no appearance. (2) Grant leave to the first defendant/applicant to rely on the tender bundle dated 10 December 2012, the affidavit of John Gerard Bamford filed in court on 6 December 2012 (the exhibits to the affidavit of Mr Bamford are Exhibit A on the application), the affidavit of John Gerard Bamford (sworn 17 October 2012), the affidavit of Mr Jason Lloyd Porter (sworn 5 December 2012), the affidavits of Christopher Garry Bryett (sworn 29 June 2011 and 15 December 2011) and the respective exhibits thereto. (3) Note the submitting appearance of the second respondent (Crest Australia Pty Ltd) and deem the said appearance to have been filed in court. (4) The orders in paragraphs 5 to 8 of the Asset Freezing Order addressed to the first respondent (Suzanne Lea Hombsch) and made on 15 December 2011 be extended to 5pm on 10 June 2013 subject to the amendment to the terms of those orders as set out in paragraph 2 of the orders made as between the defendant and the first respondent on 17 January 2012. [Paragraph 2 of the orders made as between the defendant and the first respondent on 17 January 2012 being: 'Paragraph 8 of the said Asset Freezing Order is amended by deleting the words ", the respondents or any one or more of them" from the opening words of sub-paragraph (a) thereof.'] (5) The orders in paragraphs 5 to 8 of the Asset Freezing Order addressed to the second respondent (Crest Australia Pty Ltd ACN 051 768 944) and made on 15 December 2011 be extended to 5pm on 10 June 2013. (6) The application as against the first respondent and the second respondent is stood over to Friday 7 June 2013 at 10:00am before Gibson DCJ. (7) It is noted that these orders do not prevent the defendant from seeking a further extension of the Asset Freezing Order. (8) Noting the first respondent consents to, the second respondent neither consents to nor opposes, and B&M Property Transfers Pty Ltd and Westpac Banking Corporation do not oppose the grant of leave on, this application, grant leave to the persons specified in Part A of the Schedule to the Notice of Motion filed on 4 December 2012 ("the Schedule") and their respective legal representatives to use the documents specified or referred to in Part B of the Schedule, and the information contained in them, for the respective purposes specified in Part C of the Schedule. (9) Costs reserved. Catchwords: PRACTICE AND PROCEDURE - application to use documents obtained under subpoena in District Court proceedings in another court - nature and extent of implied undertaking - factors requiring consideration by the court in determining whether there was a proper case for disclosure to be authorised - application granted Legislation Cited: - Cases Cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155 Bell Group Ltd (in liq) v Westpac Banking Corp (1998) 86 FCR 215 Central Queensland Cement Pty Ltd v Hardy [1989] 2 Qd R 509 Dagi v Broken Hill Proprietary Company Ltd [1996] 2 VR 567 Esso Australia Resources Ltd v Plowman (Minister for Energy and Minerals) (1995) 183 CLR 10; 128 ALR 391; 69 ALJR 404 Hamersley Iron Pty Ltd v Lovell (1998) 19 WAR 316 Harman v Home Department State Secretary; sub nom Home Office v Harman [1983] 1 AC 280 Hearne v Street (2008) 235 CLR 125 Sentry Corp v Peat Marwick Mitchell & Co (1990) 24 FCR 463 Spillane v Curr [2011] NSWDC 150 Springfield Nominees Pty Ltd v Bridgelands Securities Ltd (1992) 38 FCR 217 Sybron Corp v Barclays Bank Plc [1985] Ch 299; [1984] 3 WLR 1055 Tagget v Sexton [2009] NSWCA 91 Texts Cited: Ritchie's Uniform Civil Procedure NSW (LexisNexis, Australia) Category: Interlocutory applications Parties: Plaintiff: Richard Jones First Defendant: Purnell Motors Pty Ltd Second Defendant: Premier Automotive Group Australia Pty Ltd Representation: Plaintiff: No appearance First Defendant: Mr S A Gregory Second Defendant: No appearance Plaintiff: No appearance First Defendant: Bamford Lawyers Second Defendant: No appearance File Number(s): 2007/294618 Publication restriction: None