Morony & Ors v Reschke & Ors [2017] NSWSC 544

Morony & Ors v Reschke & Ors [2017] NSWSC 544

Special circumstances exist justifying the release from the implied undertaking for the applicants (and respondents) because of the substantial overlap between these and the related Federal Court proceedings, the impracticality of separating parties’ own knowledge from information protected by the undertaking, the avoidance of repetitive interlocutory disputes and costs, and the interests of justice. Accordingly, the orders granting the release—subject to limitations around certain confidential affidavits—are warranted.

Jurisdiction
Australia
Judgment Date
19 April 2017
Procedural Posture
Interlocutory Application / Ex Tempore Judgment on Application for Release From Implied Undertaking
Outcome
Application substantially granted; Respondents to pay half of Applicants' costs.
Legal Topics
['implied Undertaking' 'document Use in Related Proceedings' 'costs']
['equity' 'corporations Law' 'civil Procedure'] ['implied Undertaking' 'document Use in Related Proceedings' 'costs']

Case Brief

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Procedural Posture

Interlocutory Application / Ex Tempore Judgment on Application for Release From Implied Undertaking

Legal Issues

  1. 1 ['Whether the applicants and their legal representatives should be released from the implied undertaking not to use documents and information from these proceedings in other related proceedings' 'Whether there are special circumstances justifying the release' 'How to manage issues of confidentiality and party knowledge regarding the documents' 'Whether the respondents should pay the applicants’ costs or part thereof']

Ratio Decidendi

Special circumstances exist justifying the release from the implied undertaking for the applicants (and respondents) because of the substantial overlap between these and the related Federal Court proceedings, the impracticality of separating parties’ own knowledge from information protected by the undertaking, the avoidance of repetitive interlocutory disputes and costs, and the interests of justice. Accordingly, the orders granting the release—subject to limitations around certain confidential affidavits—are warranted.

Court Disposition

Application substantially granted; Respondents to pay half of Applicants' costs.

Orders

  • ['Order that the Applicants, their firm and legal representatives be released from any implied undertaking not to make use of certain documents and information (with limitations re: confidential affidavits).' "Order that the Respondents pay half of the Applicants' costs of the application, as agreed or as assessed."]