Webster & Ors v Super Smart Strategies Pty Ltd & Anor [2013] NSWSC 1399

Webster & Ors v Super Smart Strategies Pty Ltd & Anor [2013] NSWSC 1399

Special circumstances justified leave because the Suncorp documents concerned the transactions in respect of which the defendants were sued, the defendants' solicitors had already read the documents and learned matters they could not be expected to ignore, and the documents were likely relevant to whether and how potential cross-claims should be brought. The agreement of parties as to the existence and terms of the transaction did not make evidence of it irrelevant to proper enquiry into cross-claims, and banker-customer confidentiality and the other objections did not warrant refusal of leave.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Civil Practice and Procedure Application for Leave to Use Documents Produced to the Court in Other Proceedings / Motion for Leave
Outcome
Leave granted to the defendants; costs of the Motion are to be costs in the proceedings as between the plaintiffs and the defendants; no order as to Suncorp's costs.
Legal Topics
['implied Undertaking' 'use of Documents Produced Under Subpoena in Other Proceedings' 'special Circumstances' 'banker Customer Confidentiality' 'cross Claims']
['civil Procedure'] ['implied Undertaking' 'use of Documents Produced Under Subpoena in Other Proceedings' 'special Circumstances' 'banker Customer Confidentiality' 'cross Claims']

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Procedural Posture

Civil Practice and Procedure Application for Leave to Use Documents Produced to the Court in Other Proceedings / Motion for Leave

Legal Issues

  1. 1 ['Whether special circumstances existed to release or modify the implied undertaking so the defendants could use Suncorp documents produced in the RMI Proceedings for the purposes of the present proceedings.' 'Whether the possible relevance of the documents to contemplated cross-claims justified leave before those cross-claims were pleaded.' 'Whether banker-customer confidentiality or objections by the plaintiffs and Suncorp should prevent leave being granted.']

Ratio Decidendi

Special circumstances justified leave because the Suncorp documents concerned the transactions in respect of which the defendants were sued, the defendants' solicitors had already read the documents and learned matters they could not be expected to ignore, and the documents were likely relevant to whether and how potential cross-claims should be brought. The agreement of parties as to the existence and terms of the transaction did not make evidence of it irrelevant to proper enquiry into cross-claims, and banker-customer confidentiality and the other objections did not warrant refusal of leave.

Court Disposition

Leave granted to the defendants; costs of the Motion are to be costs in the proceedings as between the plaintiffs and the defendants; no order as to Suncorp's costs.

Orders

  • ['Grant leave to the defendants to use for the purposes of these proceedings documents produced by Suncorp Metway Limited in proceedings Rick Manietta Investments Pty Ltd v Welcome Hotel Pty Ltd and Others NSWSC 2011/260446, identified as documentation produced by Suncorp Metway Limited to Yates Beaggi Lawyers, via...