James Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 6) [2020] NSWSC 1046

James Angelis as trustee for the Angelis Family Trust v Pemba Capital Partners Fund I Partnership, LP (No 6) [2020] NSWSC 1046

The Court was satisfied there was good reason to release Pemba from the express and implied undertakings because Pemba was the majority shareholder of the proprietor of some or all of the documents, the documents were specified, limited in scope and evidently relevant to the contemplated proceedings, and release would facilitate the just, quick and cheap resolution of those proceedings by avoiding unnecessary compulsory processes.

Jurisdiction
Australia
Judgment Date
10 August 2020
Procedural Posture
Equity Commercial List; Civil Procedure Application Concerning Express and Harman Undertakings / On the Papers Application by the First and Second Defendants for Release From Express Undertakings and the Implied Harman Undertaking for Use of Documents in Contemplated Proceedings
Outcome
First and Second Defendants released from the express undertaking and given leave to use identified documents in the contemplated proceedings.
Legal Topics
['harman Undertaking' 'express Undertaking Concerning Use of Documents' 'use of Documents in Contemplated Proceedings' 'special Circumstances' 'corporations Act Information Orders']
['civil Procedure' 'equity' 'corporations'] ['harman Undertaking' 'express Undertaking Concerning Use of Documents' 'use of Documents in Contemplated Proceedings' 'special Circumstances' 'corporations Act Information Orders']

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Procedural Posture

Equity Commercial List; Civil Procedure Application Concerning Express and Harman Undertakings / On the Papers Application by the First and Second Defendants for Release From Express Undertakings and the Implied Harman Undertaking for Use of Documents in Contemplated Proceedings

Legal Issues

  1. 1 ['Whether the First and Second Defendants should be released from express undertakings concerning identified documents to permit use in contemplated proceedings.' 'Whether special circumstances or good reason had been shown to release the First and Second Defendants from the implied Harman undertaking in relation to identified documents.']

Ratio Decidendi

The Court was satisfied there was good reason to release Pemba from the express and implied undertakings because Pemba was the majority shareholder of the proprietor of some or all of the documents, the documents were specified, limited in scope and evidently relevant to the contemplated proceedings, and release would facilitate the just, quick and cheap resolution of those proceedings by avoiding unnecessary compulsory processes.

Court Disposition

First and Second Defendants released from the express undertaking and given leave to use identified documents in the contemplated proceedings.

Orders

  • ["The Court noted Pemba's undertaking to use the documents only for the purpose of the proposed proceedings and not to disclose them to any third party with the exception of any court-appointed forensic accountant until determination of the proposed proceedings or further order of the Court." "An order that the...