Stapleton v City of Parramatta Council [2019] NSWSC 895

Supreme Court New South Wales

Medium Neutral Citation: Stapleton v City of Parramatta Council [2019] NSWSC 895 Hearing dates: 10 July 2019 Decision date: 10 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. The cross-defendant is to deliver up the following documents or things to Darren Gardner, Partner, Bartier Perry Lawyers, Level 10, 77 Castlereagh Street Sydney NSW 2000 immediately, and no later than 14 days from the date of these orders: a. All property of the City of Parramatta Council (the Council) in the cross-defendant's possession including the following devices: i. An iPad Air (serial number: DMPTC0ECHLJL); and ii. An iPhone X (serial number: F2MVXFMJJCL7). b. All confidential information of the Council as described in Schedule A to this Order, including any copies of that confidential information, in the cross-defendant's possession. 2. The cross-defendant is not to disclose, disseminate, copy or otherwise use any confidential information of the Council at any time, including before delivery up of the documents or things pursuant to Order 1. 3. The cross-defendant is not to destroy or damage any property of the Council in the Cross-defendant's possession, or erase, remove or otherwise make unavailable any document or file on, or change any password, code or other information required to access: i. the iPad Air (serial number: DMPTCOECHLJL); and ii. the iPhone X (serial number: F2MVXFMJJCL7), at any time, including before delivery up of the property pursuant to Order 1. 4. No later than 14 days within the date of this order, the cross-defendant serve on the Council an affidavit sworn or affirmed by the cross-defendant identifying: a. any disclosure by the cross-defendant of the information described in Schedule A to this Order: i. prior to 21 February 2019, to any person, other than in the proper performance of the cross-defendant's duties as an employee of the Council; and ii. or after 21 February 2019, to any person, (collectively, the Disclosures); b. the date of any of the Disclosures; c. the identity of any person to whom the Disclosures were made; d. any record of the Disclosures; e. the purpose of the Disclosures; f. all copies, transmissions, extracts and notes of or recordings of the information described in Schedule A to this Order made by the cross-defendant; g. the location of all copies, transmissions, extracts and notes of or recordings of the information described in Schedule A to this Order; h. the date that any such copies, transmissions, extracts, notes or records were made; i. the purpose for which, and the manner in which, any such copies, transmissions, extracts, notes or recordings were made. 5. If the cross-defendant wishes to object to complying with Order 4 on the grounds that some or all of the information required to be disclosed may tend to prove that he: a. has committed an offence against or arising under an Australian law or a law of a foreign country; or b. is liable to a civil penalty, the cross-defendant must: c. disclose so much of the information required to be disclosed to which no objection is taken; and d. prepare an affidavit containing so much of the information required to be disclosed to which objection is taken, and deliver it to the Court in a sealed envelope; and e. file and serve on each other party a separate affidavit setting out the basis of the objection. 6. The cross-defendant to pay the cross-claimant's costs on the Cross-summons agreed or assessed. 7. Liberty to restore the cross-summons on 3 days' notice. 8. The plaintiff's summons filed in Court 11 February 2019 is dismissed. 9. The plaintiff to pay the Council's costs of and incidental to the Notice of Motion filed 15 April 2019 on an indemnity basis. 10. List Council's Cross-summons for directions at 9:00am on 27 August 2019. 11. Note that these orders are to be served on the plaintiff/cross-defendant in accordance with the previous orders for substituted service and at the email address disclosed in the plaintiff's 6 July 2019 email communication. Catchwords: CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – No reasonable cause of action disclosed – Non-appearance of plaintiff – Want of due despatch