C.T. Sheet Metal Works Pty Ltd v Hutchinson [2012] FCA 17

C.T. Sheet Metal Works Pty Ltd v Hutchinson [2012] FCA 17

The undertaking was deliberately expressed in broad terms so that no information obtained as a result of execution of the search order could be disclosed without the Court's leave. Mr Brown breached the undertaking given by Mr Caligaris by disclosing to Mr and Mrs Whitehouse the existence and effect of the emails obtained through the search order process. As solicitor on the record and principal solicitor who gave the undertaking, Mr Caligaris was responsible to the Court for the conduct of solicitors and employees involved in the litigation. However, in the exercise of discretion, the Court declined to direct the Registrar to bring contempt proceedings because the reasons sufficiently...

Jurisdiction
Australia
Judgment Date
19 January 2012
Procedural Posture
Practice and Procedure Concerning Possible Breach of Undertaking Given in Support of an Anton Piller Search Order / Post Settlement Consideration of Whether to Direct the Registrar to Bring Contempt Proceedings and Whether to Release the Undertaking
Outcome
The Court found that the undertaking given by Mr Caligaris was breached, declined to order the Registrar to bring contempt proceedings, and released Mr Caligaris from the undertaking.
Legal Topics
['anton Piller Orders' 'search Orders' 'undertakings to the Court' 'disclosure of Information Obtained Under Search Order' 'registrar Directed Contempt Proceedings' 'solicitor Responsibility']
['practice and Procedure' 'contempt of Court'] ['anton Piller Orders' 'search Orders' 'undertakings to the Court' 'disclosure of Information Obtained Under Search Order' 'registrar Directed Contempt Proceedings' 'solicitor Responsibility']

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Procedural Posture

Practice and Procedure Concerning Possible Breach of Undertaking Given in Support of an Anton Piller Search Order / Post Settlement Consideration of Whether to Direct the Registrar to Bring Contempt Proceedings and Whether to Release the Undertaking

Legal Issues

  1. 1 ['Whether information disclosed by Mr Brown to Mr and Mrs Whitehouse about emails obtained as a result of execution of the search order breached the undertaking given by Mr Caligaris to the Court.' 'Whether the expression "any information" in the undertaking should be construed narrowly or broadly.' 'Whether, having found a breach of the undertaking, the Court should direct the Registrar to apply to have Mr Caligaris and/or Mr Brown dealt with for contempt of court.' 'Whether Mr Caligaris should be released from the undertaking.']

Ratio Decidendi

The undertaking was deliberately expressed in broad terms so that no information obtained as a result of execution of the search order could be disclosed without the Court's leave. Mr Brown breached the undertaking given by Mr Caligaris by disclosing to Mr and Mrs Whitehouse the existence and effect of the emails obtained through the search order process. As solicitor on the record and principal solicitor who gave the undertaking, Mr Caligaris was responsible to the Court for the conduct of solicitors and employees involved in the litigation. However, in the exercise of discretion, the Court declined to direct the Registrar to bring contempt proceedings because the reasons sufficiently...

Court Disposition

The Court found that the undertaking given by Mr Caligaris was breached, declined to order the Registrar to bring contempt proceedings, and released Mr Caligaris from the undertaking.

Orders

  • ['Mr Glenn Caligaris of McInnes Wilson be released from the undertaking given on 3 November 2009.']