Lease Collateral v Johnson [2018] NSWSC 452

Supreme Court New South Wales

Medium Neutral Citation: Lease Collateral v Johnson [2018] NSWSC 452 Hearing dates: 23/03/2018 Date of orders: 23 March 2018 Decision date: 23 March 2018 Jurisdiction: Equity - Commercial List Before: McDougall J Decision: Applicant released from "Harman" implied undertaking of confidentiality in respect of one category of documents. Applicant to pay costs of opponent. Catchwords: CIVIL PROCEDURE – application for release from Harman undertaking – where release sought in relation to documents produced on subpoena – where it would be open to applicant to also subpoena those documents – application granted.

COSTS – where costs tail wags substantive dog – where applicant originally sought unjustifiably broad order – where orders significantly narrowed day before hearing – where real dispute was as to costs – applicant ordered to pay costs of respondent. Category: Procedural and other rulings Parties: Lease Collateral Pty Ltd (Plaintiff) Ian David Johnson (First Defendant) ACN 093 752 893 Pty Limited (Second Defendant) Christopher James Munday (Third Defendant) David Andrew Marshall (Fourth Defendant) Helmsman Funds Management Limited CAN 100 489 763 (Fifth Defendant) Representation: Counsel: JAC Potts SC (Plaintiff) JA Watson (First, Third and Fourth Defendants) A Doumani (Second and Fifth Defendants)

Solicitors: Corrs Chambers Westgarth (Plaintiff) Mills Oakley (First, Third and Fourth Defendants) Ashurst (Second and Fifth Defendants) File Number(s): 2016/293219