Vito Zepinic v Chateau Constructions (Aust) Limited; Nina Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 204

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Vito Zepinic v Chateau Constructions (Aust) Limited; Nina Zepinic v Chateau Constructions (Aust) Limited [2018] NSWCA 204 Hearing dates: 10 September 2018 Date of orders: 10 September 2018 Decision date: 10 September 2018 Before: Meagher JA Decision: 1. Direct that on or before 21 September 2018 the respondent file and serve a white folder containing the documentary material sought to be relied on in the appeal and in relation to which it seeks to be released from the implied undertaking in relation to the use of documents provided in legal proceedings. 2. Release the respondent from that implied undertaking to the extent necessary for it to comply with that direction and to prepare any affidavit to be filed in support of the admission of that material into evidence as well as any written submissions relating to that material. 3. Costs of this application to be costs in the causes. Catchwords: PRACTICE AND PROCEDURE – implied undertaking in relation to use of documents provided in legal proceedings – release from implied undertaking – no issue of principle Category: Procedural and other rulings Parties: Vito Zepinic (Appellant in First Proceeding, Second Appellant in Second Proceeding) Nina Zepinic (First Appellant in Second Proceeding) Chateau Constructions (Aust) Limited (Respondent in Both Proceedings) Representation: Counsel: A Loel (Respondent)

Solicitors: Toomey Pegg Lawyers (Respondent) File Number(s): 2017/180327; 2017/180325 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2017] NSWSC 582; [2018] NSWSC 246; [2018] NSWSC 963 Date of Decision: 25 May 2017 Before: Pembroke J; Robb J File Number(s): 2016/97515; 2009/290598