Morony & Ors v Reschke & Ors [2017] NSWSC 544

Supreme Court New South Wales

Medium Neutral Citation: Morony & Ors v Reschke & Ors [2017] NSWSC 544 Hearing dates: 19 April 2017 Decision date: 19 April 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order that the Applicants, their firm and legal representatives be released from any implied undertaking not to make use of certain documents and information. Order that the Respondents pay half of the Applicants' costs of the application, as agreed or as assessed. Catchwords: PROCEDURE – Application for release from implied undertaking – where Applicants seek to use produced documents and information in related proceedings – where parties would be relieved from further interlocutory disputes as to the production of documents – where it is impossible to separate parties' own knowledge from information subject to undertakings

PROCEDURE – Costs – where Applicants successfully apply for release from implied undertaking – where Respondents oppose the application but also seek and obtain corresponding relief – whether there should be an order as to costs Cases Cited: - British American Tobacco Australia Services Ltd v Cowell (No 2) [2003] VSCA 43; (2003) 8 VR 571 - Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3; (2005) 218 ALR 283 - Harman v Secretary of State for Home Department [1983] 1 AC 280 - Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 - Re Provident Capital Ltd (recs & mgrs apptd) (in liq) [2015] NSWSC 713 - Sapphire (SA) Pty Ltd v Barry Smith Grains Pty Ltd (in liq) [2011] NSWSC 1451 - Springfield Securities Ltd v Bridgelands Nominees Pty Ltd (1992) 38 FCR 217 Category: Procedural and other rulings Parties: Stephen John Rockliff (First Applicant) Michelle Renee Rockliff (Second Applicant) Burke Robert Stanley Reschke (First Respondent) Koonara Management Pty Ltd (Second Respondent) Rocky Castle Finance Pty Ltd (Third Respondent) Representation: Counsel: J R Clarke SC/T L Hollo (Applicants) G Stapleton (Respondents)