Patakas v Bevan [2016] NSWSC 1618

Supreme Court New South Wales

Medium Neutral Citation: Patakas v Bevan [2016] NSWSC 1618 Hearing dates: 29/09/2016 and 30/09/2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Equity Before: McDougall J Decision: Interlocutory injunction to be continued. Parties to bring in draft orders. Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – application to restrain the defendant from continuing with costs assessment applications – where defendant claims to be owed a significant amount of money for work undertaken by the defendant on the instructions of the plaintiff – whether there is a serious question to be tried – whether the balance of convenience favours determination by a court or by the individual assessors

EVIDENCE – admissibility of evidence – whether evidence should be excluded as a "protected confidence" – alternatively, whether evidence was obtained illegally or improperly – whether non-publication order should be made to allow evidence to be received whilst protecting public interest in protection of confidences Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 The Australian Consumer Law Court Suppression and Non-publication Orders Act 2010 (NSW) Evidence Act 1995 (NSW Legal Profession Act 1987 (NSW) Legal Profession Act 2004 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Doyle v Hall Chadwick [2007] NSWCA 159 Coshott v Barry [2012] NSWSC 850 Category: Procedural and other rulings Parties: Evangelos Patakas (Plaintiff) Christopher John Bevan (Defendant) Representation: Counsel: TGR Parker SC / S Tame NC Hutley SC / P Doyle Gray / J Zmood